IOWA  BIOGRAPHICAL  SERIES 

EDITED    BY    BENJAMIN    P.    SHAMBAUGH 


JAMES    HAELAN 


.JAMKS    HA  ULAN 


IOWA  BIOGRAPHICAL  SERIES 

EDITED    BT    BENJAMIN    F.    SHAMBAUGH 


JAMES    HARLAN 

KAJ8AH  83MAL 
&t 

JOHNSON    BRIO  HAM 


rHB  STATE  HISTORICAL  SOCIETY  OF  IOWA 
IOWA    CITY    IOWA    1913 


JAMES  HABLAN 


IOWA  BIOGRAPHICAL  SERIES 

EDITED     BY    BENJAMIN     F.     SHAMBAUGH 


JAMES    HARLAN 

BY 
JOHNSON    BRIGHAM 


THE  STATE  HISTORICAL  SOCIETY  OF  IOWA 
IOWA    CITY    IOWA     1913 


EDITOR'S  INTRODUCTION 

THE  career  of  James  Haiian  as  depicted  by 
Mr.  Brigham  in  the  following  pages  is 
typically  western.  It  spans  the  first  half 
century  of  the  history  of  Iowa  as  a  State, 
and  offers  a  cross-sectional  view  of  the 
momentous  years  of  slavery  agitation,  war, 
and  reconstruction.  In  the  United  States 
Senate  from  1855  to  1865  and  from  1867  to 
1873  Mr.  Harlan  was  a  prominent  and 
influential  figure.  Especially  was  he  active 
and  successful  in  his  advocacy  of  every 
measure  which  sought  to  benefit  the  people 
of  the  West. 

This  biography,  begun  by  Mr.  Brigham  in 
1906,  was  originally  designed  and  outlined 
as  a  two-volume  work.  In  order,  however, 
to  bring  it  within  the  compass  of  the  IOWA 
BIOGRAPHICAL  SERIES  it  became  necessary  to 
condense  it  into  a  single  volume  —  a  long 
and  laborious  task,  the  carrying  out  of 
which  has  necessarily  greatly  delayed  the 
publication  of  the  book. 

BENJ.  F.  SHAMBAUGH 

OFFICE  OF  THE  SUPERINTENDENT  AND  EDITOR 

THE  STATE  HISTORICAL  SOCIETY  OF  IOWA 

IOWA  CITY 


26809.1 


AUTHOR'S  PREFACE 

A  STUDY  of  the  life  of  James  Harlan  reveals  a 
man  of  rugged  sincerity,  a  statesman  of  rare 
forensic  and  constructive  ability  and  large 
capacity  for  leadership.  The  story  of  his  youth 
and  young  manhood  is  one  of  privation  and  of 
resolute  struggle  for  the  attainment  of  an 
education.  His  career  as  a  statesman  is  inter 
woven  with  the  anti-slavery  agitation  and 
legislation  immediately  preceding  the  first 
election  of  Abraham  Lincoln,  with  the  history 
of  the  War  of  the  Rebellion,  and  with  the 
confused  and  trying  period  of  Reconstruction. 
The  years  of  his  retirement  —  years  full  of 
usefulness  in  public  and  semi-public  service  and 
correspondingly  full  of  honors  —  present  a 
pleasing  contrast  to  the  concluding  years  in  the 
lives  of  not  a  few  of  his  contemporaries. 

In  the  writing  of  this  biography  the  author's 
purpose  has  been  to  follow,  as  far  as  practic 
able,  the  Autobiographical  Manuscript  and 
Papers  which  James  Harlan  himself  prepared 
and  arranged.  Mr.  Harlan  began  the  prep- 


IX 


X  AUTHOR'S  PREFACE 

aration  of  this  valuable  work  early  in  the 
nineties,  his  original  purpose  evidently  having 
been  to  write  an  autobiography.  But  later 
that  purpose  gave  way  to  another,  which  was  to 
gather  in  chronological  order  all  the  letters  and 
papers  which  he  had  retained  and  to  make  such 
running  comment  on  them  as  was  deemed 
necessary,  with  a  view  to  leaving  the  entire 
collection,  along  with  the  autobiographical 
chapters,  as  so  much  material  for  a  biography 
which  he  must  have  known  would  at  some  time 
be  attempted.  The  unfinished  autobiography, 
the  letters  and  papers,  the  original  manuscripts 
of  addresses  and  speeches,  together  with  the 
published  record  of  his  Congressional  career, 
constitute  a  wealth  of  source  material  which 
has  been  found  extremely  satisfying  and  at 
the  same  time  embarrassing  because  of  its 
abundance. 

Concerning  his  career  as  Secretary  of  the 
Interior  in  the  Cabinet  of  President  Johnson 
there  is  little  data  beyond  Mr.  Harlan's  one 
official  report  and  his  later  letters  and  speeches 
defending  his  official  course  from  misrepre 
sentation  and  false  charges.  But  the  high 
purpose  which  prompted  him  to  respond  to 
President  Lincoln's  call  and  to  remain  in  the 


AUTHOR'S  PREFACE  xi 

Cabinet  for  a  time  under  President  Johnson  is 
fully  developed  in  his  correspondence. 

Although  the  Autobiographical  Manuscript 
would  doubtless  have  been  revised  by  Mr. 
Harlan  had  he  lived  to  complete  his  task,  it  has 
not  been  deemed  wise  to  attempt  alterations  in 
the  text  of  the  numerous  passages  quoted  in 
the  following  pages.  Statements  of  fact  have 
been  verified  by  comparison  with  newspapers 
and  other  contemporary  sources.  In  dealing 
with  Mr.  Harlan 's  career  in  Congress  the 
author  has  depended  chiefly  on  the  published 
record  as  found  in  the  Congressional  Globe. 
Newspapers  were  also  freely  consulted  to  learn 
the  attitude  of  the  public,  both  in  Iowa  and  in 
the  Nation  at  large,  toward  Mr.  Harlan  during 
his  public  career. 

The  author  of  this  biography  was  not  favored 
with  an  intimate  personal  acquaintance  with 
James  Harlan.  In  his  youth,  however,  it  was 
his  privilege  to  hear  the  Senator's  White  House 
speech  on  Reconstruction,  immediately  follow 
ing  the  last  public  utterance  of  President 
Lincoln.  Ever  since  that  memorable  occasion 
the  name  of  James  Harlan  has  been  indelibly 
associated  in  the  author's  mind  with  that  of 
Abraham  Lincoln  —  an  association  which  has 


xii  AUTHOR'S  PREFACE 

imparted  an  added  zest  to  the  later  study  of 
the  Iowa  statesman's  career.  Years  afterward 
(early  in  the  nineties)  it  \vas  the  author's 
pleasure  to  know  Mr.  Harlan  personally,  and 
to  hold  a  somewhat  extended  correspondence 
with  him.  In  response  to  his  request  Mr. 
Harlan  prepared  a  paper  for  the  Midland 
Monthly  on  The  Iowa  Soldiers'  and  Sailors' 
Monument  and  partially  promised  to  write  for 
the  same  publication  his  recollections  of  Abra 
ham  Lincoln.  Thus  the  author's  early  impres 
sions  were  strengthened  and  deepened  by  later 
association. 

Fortunately  for  his  biographer  and  for 
future  students  of  history,  James  Harlan  left 
the  Autobiographical  Manuscript  and  Papers, 
to  which  reference  has  been  made,  in  the  care 
and  custody  of  his  daughter,  Mrs.  Kobert  T. 
Lincoln  of  Chicago,  who,  through  the  kind 
offices  of  Judge  W.  I.  Babb  of  Aurora,  Illinois, 
and  of  his  son,  Mr.  Max  W.  Babb  of  Milwaukee, 
kindly  placed  these  valuable  papers  at  the 
author's  disposal  in  the  writing  of  this  book. 
Thanks  are  due,  therefore,  first  of  all,  to  Mrs. 
Robert  T.  Lincoln,  Judge  W.  I.  Babb,  and  Mr. 
Max  W.  Babb. 

To  Professor  Benj.  F.  Shambaugh,  editor  of 


AUTHOR'S  PREFACE  xiii 

the  IOWA  BIOGRAPHICAL  SERIES  and  Superin 
tendent  of  The  State  Historical  Society  of 
Iowa,  the  author  is  under  many  obligations  for 
helpful  encouragement  and  counsel. 

Among  the  many  others  who  have  rendered 
valuable  assistance  mention  should  first  be  made 
of  the  laborious  and  keenly  critical  preparation 
of  the  manuscript  for  the  printer  and  of  the 
careful  preparation  and  verification  of  the 
notes  and  references  by  Dr.  Dan  E.  Clark, 
Assistant  Editor  in  The  State  Historical 
Society  of  Iowa. 

The  author  is  under  obligations  also  to  Mrs. 
Alice  L.  Taylor,  Mr.  W.  F.  Kopp,  and  Mr.  Geo. 
B.  McKibbin,  and  to  the  editors  and  publishers 
of  Mt.  Pleasant  newspapers  for  kindnesses 
extended  during  his  visit  to  Mr.  Harlan's  old 
home,  and  to  Mr.  Edgar  E.  Harlan  and  his 
associates  in  the  Historical  Department  of  Iowa 
for  access  to  the  wealth  of  material  in  the 
newspaper  files  in  that  department.  Mention 
should  also  be  made  of  the  generous  aid  and 
counsel  of  Hon.  Charles  Aldrich,  Dr.  William 
Salter,  Mr.  C.  M.  Snyder,  and  Miss  Mary  E. 
Whitcomb  —  all  of  whom  have  departed  this 
life  since  the  writing  of  this  biography  was 
begun  in  1906.  The  appreciative  response  to 


xiv  AUTHOR'S  PREFACE 

letters  of  inquiry  received  by  the  author  from 
Hon.  Jacob  Rich  of  Dubuque,  Hon.  George  D. 
Perkins  of  Sioux  City,  J.  L.  Waite,  Esq.  of 
Burlington,  and  the  late  Dr.  Andrew  S.  Draper 
of  New  York,  should  not  be  overlooked  in  the 
author's  acknowledgment  of  indebtedness.  The 
exhaustive  index  was  compiled  by  Mr.  Jacob 
Van  der  Zee,  Research  Associate  in  The  State 
Historical  Society  of  Iowa. 

JOHNSON  BRIGHAM 
THE  STATE  LIBRARY 
DES  MOINES  IOWA 


CONTENTS 

I.  PIONEER  LIFE  IN  THE  WOODS  OF  INDIANA    1 

II.  BOYHOOD  AND  YOUTH 7 

III.  COLLEGE  LIFE 16 

IV.  MARRIAGE  AND  REMOVAL  TO  IOWA  .     .     35 
V.  CANDIDATE  FOR  STATE  SUPERINTENDENT  41 

VI.  ELECTION  CONTESTS 51 

VII.  LAWYER  SURVEYOR  AND  COLLEGE 

PRESIDENT 64 

VIII.  FIRST  ELECTION  TO  THE  SENATE    .     .     79 

IX.  FIRST  WINTER  IN  WASHINGTON  ...     90 

X.  THE  CONTEST  IN  THE  SENATE   .     .     .  102 

XI.  THE  LECOMPTON  CONSTITUTION  AND 

THE  DEFICIENCY  BILL 108 

XII.  THE  PACIFIC  RAILROAD  BILL  IN  1859     .  120 

XIII.  STATE  POLITICS  IN  1859 130 

XIV.  THE  HOMESTEAD  BILL 136 

XV.  OPPOSITION  TO  DISUNION 145 

XVI.  THE  BEGINNING  OF  THE  WAR  ....  157 

XVII.  THE  LEGISLATION  OF  1861-1862  ...  165 

XVIII.  THE  YEARS  OF  GLOOM 176 

XIX.  SECRETARY  OF  THE  INTERIOR  ....  192 

XX.  HARLAN  AND  KIRKWOOD 213 

XXI.  RECONSTRUCTION  AND  IMPEACHMENT  .  222 


XVI 


CONTENTS 


XXII.     CHARGES  OF  DISHONESTY 235 

XXIII.  DEFENSE  OF  PRESIDENT  GRANT  .     .     .  252 

XXIV.  THE  HARLAN-ALLISON  CONTEST  ...  260 
XXV.     CREDIT  MOBILIER 275 

XXVI.     THE  HONORS  OF  RETIRED  LIFE   ...  283 
XXVII.     THE  CONVENTION  SPEECH  OF  1893  .     .  297 

XXVIII.     LAST  YEARS 306 

XXIX.     SPEECHES  AND  ADDRESSES 317 

XXX.     CHARACTER  AND  SERVICES 339 

NOTES  AND  REFERENCES 349 

INDEX  .  383 


PIONEER  LIFE  IN  THE  WOODS  OF  INDIANA 

THERE  were  two  elements  in  the  vanguard  of 
the  westward  march  of  the  American  people. 
First  came  the  real  frontiersman  —  hunter, 
trapper,  and  Indian  fighter.  He  blazed  trails 
through  the  forest,  made  small  clearings,  and 
soon  passed  on  to  the  westward  ahead  of 
advancing  civilization.  Close  in  his  rear,  how 
ever,  pressed  the  pioneer  farmer,  drawn  from 
the  settled  communities  in  the  East  by  the 
cheap  and  fertile  lands  of  the  West. 

It  is  in  this  second  class  of  pioneers  that  the 
ancestors  of  James  Harlan  belong.  Meager 
records  of  the  family  show  that  the  Harlans 
came  from  England  and  Scotland  at  an  early 
date  and  settled  in  South  Carolina.  Later  they 
removed  to  Pennsylvania,  where  Silas  Harlan 
was  born  on  March  26,  1792.  Eesponding  once 
more  to  the  lure  of  the  frontier,  the  family 
emigrated  to  Warren  County,  Ohio.  Here  also 
came  the  Connelly  family  from  Maryland,  with 
their  daughter  Mary,  who  was  born  on  March 
20,  1797.  In  1818  Silas  Harlan  and  Mary 


2-  JAMES  HARLAN 

Connelly,  at  the  ages  of  twenty-six  and  twenty- 
one  respectively,  were  united  in  marriage,  and 
soon  afterward  the  young  couple  found  their 
places  in  the  westward-moving  tide  of  home- 
seekers,  settling  on  Lamotte  prairie  in  Clark 
County,  Illinois.  It  was  here  that  James 
Harlan  was  born  on  the  twenty-sixth  day  of 
August,  1820.1 

Life  on  Lamotte  prairie,  however,  was  evi 
dently  not  entirely  to  the  liking  of  Silas  Harlan, 
for  in  the  spring  of  1824,  when  James  was 
between  three  and  four  years  of  age,  the  family, 
in  which  there  were  now  four  children,  removed 
to  Park  County,  Indiana.  "This  removal  and 
settlement ",  wrote  James  Harlan  in  his  Auto 
biographical  Manuscript,  "commences  my  first 
distinct  recollection  of  myself,  of  my  parents, 
sisters  and  current  events.  "2 

The  spot  chosen  for  the  new  home  was 
"midway  between  two  streams  known  by  the 
names  of  Big  and  Little  Eaccoon  creeks,  in  a 
dense  and  unbroken  forest.  "3  Six  other  fami 
lies  settled  in  that  region  at  the  same  time, 
placing  their  cabins  at  short  distances  apart, 
thus  forming  an  embryo  community  many 
miles  from  any  other  habitation  of  white  men. 

The  first  task  of  the  pioneer  father  was  to 
provide  a  temporary  "camp"  to  shelter  his 
wife  and  children  until  the  cabin  could  be 
erected.  "But  a  single  tree  had  been  felled" 


PIONEER  LIFE  IN  INDIANA  3 

when  the  family  arrived  on  the  site  of  their 
future  abode.  It  was  a  large  poplar  or  tulip 
tree  "of  marvelous  length ",  and  five  or  six 
feet  in  diameter;  and  the  trunk  of  this  tree 
served  as  the  back  of  the  ' '  camp '  '.  Two  forked 
sapling  poles  were  inserted  in  the  ground  at 
short  distances  from  the  fallen  tree,  a  beam 
placed  in  the  forks,  and  smaller  poles  were  laid 
from  this  beam  to  the  trunk  of  the  tree.  A 
covering  was  then  made  of  "bark  peeled  from 
trees  standing  near,  cut  several  feet  in  length, 
in  tiers  or  courses,  overlapping  like  shingles, 
which  formed  an  excellent  roof  impervious  to 
the  most  copious  showers  of  rain."  The  sides 
were  partially  enclosed  with  bed-clothing  and 
this  rude  shelter  served  as  "kitchen,  parlor, 
dining-room  and  sleeping  rooms"  for  the 
family  until  the  cabin  was  in  readiness  for 
occupancy.4 

The  building  of  the  cabin  was  watched  with 
great  interest  by  the  boy  James,  and  the  event 
seems  to  have  been  firmly  impressed  on  his 
memory.  In  his  Autobiographical  Manuscript, 
written  during  his  twilight  years,  he  tells  how 
his  father  cut  the  great  "house-logs"  from  the 
forest  and  hewed  out  rafters,  joist  and  flooring 
"puncheons".  When  the  materials  were  all  in 
readiness  the  six  neighbors  assembled  early  in 
the  morning  and  by  night  the  cabin  was 
"raised".  Then  for  several  days  the  father 


4  JAMES  HARLAN 

was  busied  in  completing  the  details:  cutting 
the  doorway,  filling  in  the  "chinks"  between 
the  logs,  laying  the  floors,  building  a  fire-place, 
and  constructing  a  rude  stairway  to  the  "loft". 
"This  house  was  completed,  I  judge,  in  about 
six  or  eight  days  from  the  date  of  our  arrival, 
with  no  tools  other  than  a  common  chopping 
ax,  an  auger,  frow  and  hand-saw,  and  without 
a  single  nail  or  screw,  or  metalic  material  of 
any  description."5 

Into  this  primitive  but  comfortable  dwelling 
the  family  moved  about  the  middle  of  May, 
1824.  Land  was  cleared  and  crops  were  plant 
ed,  and  the  summer  was  spent  in  making 
improvements  on  the  little  homestead.  Autumn 
brought  a  bounteous  harvest,  sufficient  to  pro 
vide  food  for  man  and  beast  through  the 
winter.  Thus  passed  the  first  year  of  pioneer 
life  in  the  woods  of  Indiana. 

It  is  a  picture  of  almost  idyllic  simplicity 
which  James  Harlan  draws  of  the  life  of  these 
seven  families  clustered  together  in  the  forest. 
"Each  of  these  settlers  was  the  owner  of  a 
team  of  horses,  a  few  cattle,  hogs,  sheep  and 
poultry.  Their  live  stock  lived  with  but  little 
care  from  the  owners  on  the  spontaneous 
products  of  the  country.  The  women  converted 
the  fleeces  from  the  sheep  into  clothing.  .  .  . 
The  country  was  alive  with  game,  such  as  deer, 
elk,  bear,  turkeys  and  grouse.  So  that  these 


PIONEER  LIFE  IN  INDIANA  5 

settlers  had  from  the  first  year  onward  an 
abundance  of  excellent  food  and  comfortable 
raiment,  the  fruits  of  their  own  industry, 
frugality  and  skill.  .  .  .  They  had  no 
churches  nor  schools;  few  books  and  no  news 
papers,  nor  officers  of  the  law.  Magistrates 
were  not  needed ;  for  there  were  no  malefactors 
to  punish.  They  were  in  constant  daily  inter 
course;  were  unselfish  and  generous  to  each 
other;  [and]  lived  more  as  a  single  family  than 
as  separate  households.  And  [they]  made  a 
pleasantry  of  their  isolated  condition  and  the 
absence  of  legal  official  relations ;  naming  their 
immediate  district  of  country  'The  New-Dis 
covery  ',  by  which  the  neighborhood  is  still 
known  —  and  giving  to  each  other  various 
military  and  civil  titles,  such  as  Squire,  Judge, 
Captain,  Major,  Colonel,  General  and  Gov 
ernor.  "6 

Silas  Harlan  was  apparently  a  leader  among 
his  associates  in  "The  New  Discovery ",  for  he 
was  given  the  title  of  " Governor",  a  sobriquet 
which  adhered  to  him  throughout  his  life.  This 
dignified  title  seemed  entirely  appropriate  to 
his  son  who  describes  him  as  "six  feet  two 
inches  in  height.  ...  In  physical  strength, 
action  and  powers  of  endurance  ....  he 
had  no  superior  and  few  equals.  He  was  not 
highly  educated, —  but  more  so  than  any  of  his 
early  neighbors.  He  was  a  man  of  clear 


6  JAMES  IIARLAN 

perceptions,    quick    apprehension,    and    sound 
judgment.  m 

Such  was  the  setting  in  which  James  Harlan 
spent  his  early  years.  The  blood  of  hardy 
pioneers  ran  strong  in  his  veins,  and  in  him 
were  developed  independence,  self-reliance,  and 
broad  vision  born  of  life  on  the  frontier. 


II 

BOYHOOD  AND  YOUTH 

DURING  the  spring  and  summer  of  1825  James, 
now  a  ' '  husky "  lad  of  five  years,  took  his  first 
lessons  in  husbandry:  dropping  corn  and  pull 
ing  weeds.  And  as  the  years  went  by  he  became 
more  and  more  useful  to  his  father  as  an 
assistant  "in  all  manner  of  farm  labor ",  and 
"attained  a  degree  of  skill  and  efficiency  quite 
equal "  to  that  of  his  youthful  neighbors.8 

When,  late  in  life,  James  Harlan  recalled  the 
scenes  and  events  of  his  boyhood  he  paid  grate 
ful  tribute  to  the  "persistent  patience''  of  his 
mother  in  her  efforts  to  teach  him  to  read. 
Progress  was  slow  and  uncertain  since  the 
library  in  the  Harlan  home  at  this  time  con 
sisted  of  three  volumes  —  the  Bible,  Hervey's 
Evening  Meditations,  and  an  Almanac,  none  of 
which  appealed  strongly  to  the  childish  interest, 
unless  it  was  the  last  which  was  embellished  by 
a  number  of  wood  cuts.  But  apparently  the 
boy  learned  the  first  rudiments  of  the  language 
at  a  very  early  age.9 

Soon  after  the  Harlan  family  had  established 


8  JAMES   HARLAN 

itself  in  "The  New  Discovery"  other  emigrants 
arrived,  and  in  the  course  of  a  few  years  all 
available  land  in  the  vicinity  was  purchased 
and  occupied  by  settlers.  Then  there  appeared 
upon  the  scene  that  interesting  frontier  figure, 
the  circuit-rider. 

One  morning  in  early  spring  while  James  and 
his  father  were  at  work  in  the  clearing  not  far 
from  the  cabin  they  saw  a  stranger  on  horse 
back  ride  up  to  their  gate,  dismount,  and  enter 
the  house.  Shortly  afterward  a  blast  from  the 
dinner-horn  summoned  the  father,  and  on  his 
return  he  informed  James  that  the  man  was  a 
Methodist  preacher,  that  he  had  asked  permis 
sion  to  hold  services  at  their  house  four  weeks 
from  that  day,  and  that  permission  had  been 
granted.  Silas  Harlan  "was  not  at  this  time  a 
member  of  any  church ;  he  had  been  brought  up 
a  Quaker ;  but  marrying  out  of  the  Society,  and 
refusing  to  express  his  regrets  for  this  breach 
of  discipline"  he  had  been  dropped  from  the 
membership  roll  of  the  Society. 

The  circuit-rider  was  one  William  Smith  who 
was  "organizing  a  four-weeks  circuit,  in  the 
scattered  settlements  on  the  east  side  of  the 
Wabash  river  ....  And  on  the  day  ap 
pointed,  true  to  his  engagement  and  punctual 
to  the  hour  he  again  rode  up ' '  to  the  gate  of  the 
TIarlan  homestead.  Here  the  neighbors  were 
gathered  to  listen  to  the  first  sermon  some  of 


BOYHOOD  AND  YOUTH  9 

them  had  heard  in  many  a  year.  The  '  '  preach 
ings  "  thus  inaugurated  were  continued  period 
ically  throughout  several  succeeding  years,  and 
the  Harlan  home  was  "a  preaching  place,  and  a 
home  for  Methodist  Preachers "  until  James 
was  a  youth  of  eighteen  years,  when  a  rude 
church  was  built.  The  presence  of  these  itin 
erant  ministers  was  looked  upon  as  a  privilege 
and  a  pleasure  rather  than  as  a  burden.  They 
were  often  "men  of  excellent  information, — 
some  of  them  highly  cultured,  of  pleasant  man 
ners,  easy  address,  strong  common  sense  and 
practical  ability  ",  and  the  boy  James,  "cuddled 
down  in  the  chimney-corner ' ',  listened  atten 
tively  to  their  conversation.10 

Along  with  the  circuit-rider  and  the  preaching 
of  the  Gospel  came  the  pioneer  school-master, 
who,  true  to  the  spirit  of  the  Ordinance  of  1787, 
pushed  out  into  the  borderland  wherever  there 
were  children  to  be  taught.  When  James 
Harlan  was  seven  years  of  age  a  rude  log 
schoolhouse,  with  its  split-bottomed  seats  and 
oiled  paper  windows,  was  erected  about  one 
mile  from  the  Harlan  home.  Here  and  in  other 
schools  of  a  similar  character  the  lad  was  a 
pupil  for  periods  of  three  months  at  a  time  until 
his  thirteenth  or  fourteenth  year,  when  he  was 
given  to  understand  that  his  education  was 
complete.  An  accident,  however,  soon  dis 
abused  his  mind  of  this  idea. 


10  JAMES  HARLAN 

One  day  while  in  Rockville,  the  county  seat, 
where  he  had  been  sent  to  purchase  certain 
necessaries  for  the  home,  he  entered  a  drug 
store,  and  there  "beheld  with  amazement" 
what  seemed  to  him  to  be  "an  immense  number 
of  books  ....  displayed  on  shelves  around 
nearly  one-half  the  store  room".  He  innocently 
asked  if  they  were  all  school  books,  and  was 
informed  "that  a  part  of  them  were;  and  that 
the  others  constituted  the  public  library  of 
Park  county."  A  new  world  was  opened  to  the 
boy  and  he  spent  an  hour  or  more  in  examining 
the  wonderful  volumes.  Hume's  History  of 
England,  which  was  especially  attractive  to  him, 
was  rented  for  a  month ;  and  he  purchased  and 
took  home  with  him  Olney's  Geography  and 
Atlas,  an  elementary  work  on  chemistry,  a  work 
on  mechanics,  a  small  book  entitled  Natural 
Magic,  and  Walker's  Dictionary. 

That  was  a  red-letter  day  in  the  life  of  James 
Harlan.  Hume's  history  proved  to  be  wonder 
fully  interesting,  although  frequent  reference  to 
the  dictionary  was  necessary  during  its  reading. 
Natural  Magic  was  soon  laid  aside;  but  the 
geography,  the  chemistry,  and  the  work  on 
mechanics  were  studied  with  absorbing  interest. 
He  was  wont  to  snatch  a  few  minutes'  time  for 
reading  before  breakfast  and  at  dinner  time, 
and  to  spend  his  evenings  in  study,  "utilizing 
the  light  from  an  open  fireplace,  made  satis- 


BOYHOOD  AND  YOUTH  H 

factory  by  a  supply  of  dry  hickory  bark  and 
splinters"  which  he  had  gathered  for  the  pur 
pose.  "I  seemed  to  myself  a  new  being, "  he 
writes,  "and  to  have  entered  on  another  exist 
ence.  "  Thereafter,  as  opportunity  offered,  he 
added  other  books  to  his  library.11 

This  craving  for  knowledge  received  decided 
encouragement  when,  in  the  youth's  seventeenth 
year,  Jeremiah  Terry  from  Kentucky  came  to 
teach  the  district  school,  and  became  a  boarder 
in  the  Harlan  home.  Terry  was  "a  lawyer,  by 
profession,  a  thorough  scientific  scholar,  a  good 
writer  and  an  eloquent  speaker ",  and  in  spite 
of  the  difference  in  their  ages  a  warm  friend 
ship  sprang  up  between  him  and  James  Harlan. 
Through  him  the  boy  acquired  some  knowledge 
of  surveying  and  the  use  of  logarithms,  and 
learned  to  calculate  eclipses  and  the  movements 
of  heavenly  bodies.  He  also  received  instruc 
tion  in  forensics  and  composition,  his  first 
public  appearance  being  in  an  essay  read  before 
' '  The  Lyceum ' ',  a  typical  frontier  institution  of 
which  Jeremiah  Terry  was  the  founder. 

The  intellectual  uplift  which  was  stimulated 
by  the  companionship  of  the  Kentucky  school 
teacher  was  followed  by  a  religious  awakening. 
There  was  at  the  time  no  revival  in  the  neigh 
borhood,  nor  was  any  other  unusual  pressure 
brought  to  bear  upon  his  mind.  He  had  simply 
reached  that  period  in  life  in  which  come  pro- 


12  JAMES   HARLAN 

found  thoughts  and  undefinable  intimations. 
Years  afterwards  he  bore  frequent  testimony  to 
his  early  belief  in  God's  superintending  provi 
dence,  a  belief  dating  from  his  earliest  recol 
lection  of  his  mother's  earnest  prayers  and 
testimony.  But  in  order  to  test  the  strength  of 
his  convictions  he  read  a  number  of  books, 
including  the  works  of  Hume,  Voltaire,  and 
Paine;  with  the  result  that  he  found  nothing 
therein  to  shake  his  belief. 

After  passing  his  eighteenth  birthday  James 
Harlan  entered  upon  his  career  as  an  educator 
by  teaching  a  district  school  four  miles  from 
his  home.  This  was  the  first  test  to  which  he 
had  put  his  meager  attainments,  and  he  seems 
to  have  given  a  fair  degree  of  satisfaction  both 
to  himself  and  to  his  patrons.  This  winter, 
however,  was  a  sad  one  for  the  young  man.  In 
October,  1838,  his  two  brothers,  Aaron  and 
Cyrus,  the  one  nearly  eight  and  the  other  three 
years  of  age,  succumbed  to  the  dreaded  disease, 
diphtheria ;  and  four  months  later  a  little  sister, 
Mary,  was  stricken  with  the  same  malady. 

In  the  autumn  following  the  close  of  this 
term  of  school  young  Harlan,  accompanied  by  a 
school-fellow,  made  a  journey  on  horseback  to 
Lamotte  prairie  in  Illinois,  the  place  of  his 
birth.  "This  trivial  incident  is  remembered 
vividly/'  he  afterward  wrote,  "probably  only 
because  it  was  my  very  first  experience  of  the 


BOYHOOD  AND  YOUTH  13 

kind.  ...  To  find  the  right  way  on  roads 
that  neither  of  us  had  ever  traveled,  to  ferry 
broad  streams,  to  negotiate  with  total  strangers 
for  the  necessary  accommodations  for  ourselves 
and  horses  at  rude  roadside  inns,  on  what 
seemed  to  us  a  very  long  journey,  was  an  ex 
hilarating  experience".12 

Returning  from  this  journey  Harlan  again 
taught  school  during  the  winter,  receiving 
twenty-five  dollars  a  month  as  compensation,  a 
salary  which  was  considered  quite  munificent  at 
that  time.  Expenses,  however,  "were  cor 
respondingly  light ;  boarding  and  lodging  cost 
ing  ....  only  seventy-five  cents  per 
week. ' ' 

The  picturesque  and  boisterous  "hard-cider" 
campaign  of  1840  brought  to  James  Harlan  his 
first  real  knowledge  of  politics.  By  instinct  and 
education  a  Whig,  he  attended  many  of  the 
rousing  mass-meetings  and  joined  vigorously 
with  the  youths  of  the  neighborhood  in  singing 
"Tippecanoe  and  Tyler,  too".  It  was  a  cam 
paign  of  unparalleled  enthusiasm.  Men  in  all 
walks  of  life  dropped  their  work  and  journeyed 
long  distances  to  attend  the  great  political 
gatherings  of  the  year.  In  his  Autobiograph 
ical  Manuscript  Harlan  relates  how  he  and  a 
number  of  friends  made  a  pilgrimage  to  the 
battle-field  of  Tippecanoe,  "where  it  was  esti 
mated  that  more  than  one  hundred  thousand 


14  JAMES   HARLAN 

people  encamped  for  a  week  to  listen  to 
speeches "  by  the  great  orators  of  the  Whig 
party.  "For  us  country  boys",  he  says,  "this 
countless  mass  of  living  human  beings,  covering 
the  fields,  filling  the  adjacent  woods,  and  throng 
ing  the  roads  in  every  direction,  was  a  great 
sight,  the  like  of  which  had  seldom  been  seen  by 
anyone  anywhere  in  this  country.  Here,  I  saw 
and  heard,  for  the  first  time  many  of  the  most 
distinguished  political  orators  of  the  nation.  "13 

During  the  autumn  of  this  year  of  political 
excitement  young  Harlan  became  a  pupil  in 
Park  County  Seminary  at  Eockville,  seven  miles 
from  his  home,  where  he  was  destined  to  learn 
a  lesson  not  found  in  books.  "I  noticed  at  once 
an  unmistakeable  difference  between  myself  and 
a  large  majority  of  my  fellow  students ",  he 
declares,  "in  that  indescribable  something 
which  distinguishes  a  town-bred  from  a  country- 
bred  boy;  a  sort  of  silent  assumption  on  the 
part  of  the  town-boys  ....  of  a  conse 
quential  superiority  over  their  country  cousin  ". 

The  experience  was  new  and  unpleasant  to 
the  farmer  lad,  who  had  supposed  that  social 
distinctions  could  find  no  place  in  democratic 
America,  but  were  characteristic  only  of  the 
royalty-ridden  lands  of  Europe  and  the  East. 
However,  he  soon  forgot  his  first  chagrin  in  the 
pleasure  of  his  school  work,  and  in  the  home  of  a 
cultured  family  he  found  the  companionship 


BOYHOOD  AND  YOUTH  15 

which  he  craved.  The  lesson,  moreover,  was 
"not  without  its  utility ",  for  he  "then  and 
there  learned  of  the  existence  of  this  fact  which 
would  have  to  be  encountered  in  greater  or  less 
strength  everywhere  in  society  ".14 

Another  three  months  as  the  teacher  of  a 
district  school  and  work  on  the  farm  during  the 
succeeding  spring  brought  James  Harlan  nearly 
to  his  majority,  the  time  when  he  would  be 
called  upon  to  take  serious  thought  concerning 
his  own  future.  One  day  in  May,  1841,  while 
they  were  at  work  in  the  field,  Silas  Harlan  sur 
prised  his  son  by  inquiring  if  he  had  decided 
upon  any  line  of  work  for  himself.  He  told  the 
boy  that  if  he  had  come  to  any  decision,  he  need 
not  wait  until  his  twenty-first  birthday  to  feel 
at  liberty  to  enter  upon  his  chosen  work.  But 
he  suggested  that  the  matter  should  be  given 
thoughtful  consideration. 

Brought  face  to  face  with  the  greatest  prob 
lem  of  his  life  thus  far,  the  young  man  pondered 
the  subject  in  his  mind  for  several  days.  At 
the  end  of  a  week  he  astonished  his  father  by 
announcing  that  he  had  decided  "to  go  to 
college  ". 


Ill 

COLLEGE  LIFE 

IT  was  about  May  31,  1841,  that  James  Harlan 
packed  his  few  belongings  and  set  out  to  seek 
further  education  at  Asbury  University  (now 
De  Pauw  University)  located  at  Greencastle, 
Indiana,  some  eighteen  miles  eastward  from  his 
home.  "My  first  appearance  in  Greencastle,  in 
search  of  the  University  was  not  imposing ",  is 
the  autobiographical  comment  written  in  later 
life.  "I  walked  across  the  country,  along  a 
newly  made  public  high-way,  at  that  time  but 
little  traveled,  cut  through  a  dense  forest,  for 
the  most  part  uninhabited,  carrying  a  fair  sized 
bundle,  made  up  of  wearing  apparel  and  several 
school  books  which  I  supposed  I  might  need,  ad 
justed  to  my  shoulders  on  the  end  of  a  walking 
stick."15 

But  the  venerable  statesman  apparently  had 
little  relish  for  the  "stories  composed  in  some 
small  degree  of  facts  buried  out  of  sight  with 
fiction",  which  had  been  told  about  his  early 
strivings  after  knowledge,  even  though  these 
stories  were  told  for  the  purpose  of  stimulating 


COLLEGE  LIFE  17 

other  youths  to  similar  endeavors.  Hence  he 
took  occasion  to  explain  that  his  manner  of 
traveling  was  adopted  through  choice  and  not 
through  necessity.  It  was  simply  "more  con 
venient,  more  economical,  and  less  bother  every 
way  to  walk"  the  eighteen  miles,  a  distance  by 
no  means  long  for  a  farmer  boy  accustomed  to 
following  the  plow  all  day  across  his  father's 
fields. 

President  Matthew  Simpson16  received  the 
embarrassed  young  man  with  kind  cordiality, 
plied  him  with  numerous  questions,  and  in 
structed  him  as  to  the  formalities  of  registra 
tion  in  the  university.  In  order  that  he  might 
have  the  healthful  exercise  of  a  long  walk,  he 
advised  him  to  secure  room  and  board  with  a 
family  living  three  miles  in  the  country,  where 
other  students  were  already  boarding.  Acting 
on  this  advice  Harlan  shouldered  his  bundle  and 
added  three  miles  to  the  eighteen  already  cov 
ered  by  him,  thus  ending  his  first  day  at  "Old 
Asbury". 

Booming  in  the  country,  however,  soon 
proved  unpleasant.  While  the  farm-house  was 
comfortable,  the  table  "well  supplied  with 
good  palatable  and  nourishing  food",  and  the 
members  of  the  family  agreeable,  Harlan  found 
that  all  of  the  desirable  rooms  had  been  taken 
before  his  arrival.  The  room  assigned  to  him 
was  in  the  attic  directly  under  the  roof,  and 


18  JAMES   HARLAN 

was  consequently  hot  and  stuffy.  The  young 
man's  dissatisfaction  was  doubtless  increased 
by  a  desperate  attack  of  homesickness  which  so 
"took  the  starch  out  of"  him  that  one  day  he 
sought  a  secluded  spot  and  "blubbered"  like  a 
heart-broken  child.  The  outcome  was  that  he 
decided  to  move  into  town.  Finding  unoccupied 
rooms  on  the  third  floor  of  the  college  building, 
he  and  a  student  friend  converted  them  into 
bachelor  quarters. 

Harlan's  first  college  term  at  Greencastle  was 
marked  by  hard  study  and  slow  progress.  His 
previous  studies  had  not  been  in  direct  prepara 
tion  for  college,  and  he  found  himself  in 
competition  with  young  men  from  all  parts  of 
the  State,  a  majority  of  whom  had  had  better 
advantages  than  himself.  But  he  applied  him 
self  diligently  to  work,  and  owing  to  the  fact 
that  he  recited  with  nearly  every  class  in  the 
college,  he  soon  became  acquainted  with  each 
of  the  eighty  or  ninety  students  in  attendance. 
He  early  joined  one  of  the  two  literary  societies, 
thus  receiving  training  in  public  speaking  which 
proved  of  great  value  in  later  life.  In  the  close 
intimacy  of  this  society  there  also  sprang  up 
many  strong  and  lasting  friendships. 

A  perusal  of  the  journal  entries  and  letters 
of  James  Harlan  during  this  period  explains 
the  influence  which  "Old  Asbury"  had  on  the 
public  life  of  Indiana.  It  soon  became  evident 


COLLEGE  LIFE  19 

to  the  young  man  that  the  learning  of  lessons 
would  constitute  only  a  small  part  of  his  college 
work.  Declamations,  orations,  and  debates 
came  thick  and  fast,  and  those  who  developed 
ability  in  these  directions  were  the  college 
heroes.17  Having  tremblingly  survived  the  first 
ordeal  of  declaiming  in  his  turn  at  the  morning 
chapel  exercises,  Harlan  rapidly  acquired  that 
self -poise  and  confidence  which  in  after  years 
brought  him  to  the  front  as  an  orator  and 
debater. 

After  two  months  in  bachelor  quarters,  ar 
rangements  were  made  which  were  still  more  to 
Harlan 's  liking.  Two  of  his  sisters,  Lydia  and 
Jane,  joined  him  in  Greencastle,  and  became 
pupils  in  a  school  for  young  ladies.  The  three, 
therefore,  "kept  house "  in  rented  rooms,  de 
pending  for  the  most  part  upon  furniture  and 
provisions  brought  from  home. 

Thus  the  summer  passed  rapidly  in  the  round 
of  studies  and  "miscellaneous  college  and  liter 
ary  society  work",  in  addition  to  which  the 
young  man  "had  commenced  to  write  articles 
for  newspapers;  and  was  occasionally  called 
out  to  speak  at  public  meetings ".  A  month's 
vacation  in  October  was  occupied  chiefly  in  work 
on  the  farm  and  in  "collecting  some  small 
debts".  November  found  him  and  his  sisters 
again  at  Greencastle.  But  about  the  middle  of 
December  there  came  news  of  the  serious  illness 


20  JAMES   HARLAN 

of  their  father,  and  in  the  midst  of  a  heavy 
rain-storm  James  set  out  for  home,  swimming 
his  horse  across  swollen  streams  and  plunging 
through  roads  almost  impassable.  On  the 
morning  following  his  arrival  at  home  he  was 
prostrated  with  a  fever,  induced  no  doubt  by 
the  exposure  of  his  journey,  and  he  was  con 
fined  to  his  bed  for  nearly  three  weeks.  This 
illness  afforded  him  an  opportunity  to  experi 
ence  the  "inhuman  medical  treatment "  of  the 
time.  "I  was  visited  every  day  by  our  family 
physician  ....  and  bled  copiously  —  un 
til  I  fainted  from  the  loss  of  blood  —  four 
several  times,"  he  writes,  "and  was  otherwise 
subjected  to  the  drastic  treatment  common  with 
alopathic  physicians  ",18 

The  patient's  strong  constitution  finally  tri 
umphed  over  the  disease,  and  the  treatment, 
and  early  in  January,  1842,  he  resumed  his 
student  life.  Soon  afterward  he  achieved  his 
first  notable  success  as  a  debater.  He  was 
chosen  by  the  Platonean  Literary  Society  as  its 
representative  in  the  annual  debate  with  the 
Philological,  the  rival  society.  The  honor  was 
a  coveted  one  and  was  especially  complimentary 
to  Harlan,  since  he  had  been  in  college  less  than 
a  year  "and  was  still  pursuing  studies  chiefly 
in  the  preparatory  department". 

With  many  misgivings  he  resolved  to  do  his 
best  to  justify  the  choice  of  his  friends  and  to 


COLLEGE  LIFE  21 

uphold  the  reputation  of  his  society.  The  de 
bate  occurred  in  March,  on  the  last  day  of  the 
winter  term.  The  subject,  clumsily  expressed, 
was:  "Is  a  Republican  Government  better  cal 
culated  for  durability  than  a  monarchy  !"  and 
Harlan  spoke  on  the  negative.  That  he  was  not 
carried  away  by  his  success  is  to  be  inferred 
from  his  modest  journal  entry  on  that  date: 
"Performed  on  debate  in  the  joint  exhibition  of 
the  Platonean  and  Philological  societies:  took 
dinner  at  Mrs.  Burton's:  started  home  on 
foot".19 

Harlan  had  now  exhausted  his  slender  re 
sources,  and  although  he  had  received  urgent 
offers  of  assistance  from  two  fellow-students, 
he  returned  home  for  the  purpose  of  earning 
sufficient  money  to  enable  him  to  continue  his 
studies.  During  the  spring  and  early  summer 
he  was  engaged  in  farm  work,  and  from  August 
to  November  he  taught  a  district  school. 
Meanwhile,  he  found  time  to  meet  with  the 
"Park  County  Riflemen",  of  which  volunteer 
military  company  he  was  First  Sergeant,  and  to 
make  a  number  of  "public  addresses  at  temper 
ance  and  sabbath-school  meetings".  In  July  he 
acted  as  clerk  of  a  township  election,  and  cast 
his  first  vote. 

The  event  of  this  period  which  made  the  most 
lasting  impression  on  the  mind  of  the  future 
statesman,  however,  was  a  speech  delivered  by 


22  JAMES  HARLAN 

Henry  Clay  at  Indianapolis,  which  Harlan  and 
a  number  of  his  friends  journeyed  "  sixty  or 
seventy  miles,  in  a  common  farm- wagon "  to 
hear.  The  speech  was  delivered  in  a  large 
grove,  and  the  young  man  secured  a  position 
where  he  had  a  full  view  of  his  hero.  Here  he 
remained  throughout  the  two  hours  of  the 
speech,  "transfixed  to  the  spot  .  .  .  . 
earnestly  looking  at  him  and  intently  listening 
to  every  word  he  said,  and  involuntarily  ap 
proving  the  justice  and  wisdom  of  all  his 
conclusions."  So  vividly  was  every  detail  of 
this  speech  pictured  in  his  memory  that  more 
than  forty  years  later  he  was  able  to  write  the 
following  description: 

Mr.  Clay 's  personal  appearance  and  bearing  were  of 
equal  interest  to  me  with  his  speech.  He  was  driven 
up  to  the  steps  of  the  stand  in  an  open  barouche  drawn 
by  four  splendid  horses.  He  wore  a  suit  of  black  cloth 
clothes,  that,  on  his  first  arrival,  were  white  with  dust. 
This  was  before  the  construction  of  rail  roads  had 
been  commenced  in  the  West.  And  Mr.  Clay,  I  was 
informed,  had  been  driven  in  this  vehicle,  that  morn 
ing,  from  Richmond  to  Indianapolis,  Ind.,  a  distance 
of  perhaps  sixty  miles ;  meeting  with  a  perfect  ovation, 
by  masses  of  people,  every  mile  of  the  way.  .  .  . 

His  approach  to  his  audience,  when  he  commenced 
his  speech,  was  as  genial  and  cordial  as  the  sunshine ; 
his  movements  were  as  simple  as  those  of  an  unspoiled 
child,  and  as  gentle  as  those  of  a  cultured  woman,  and 
his  elocution  was  only  earnest  and  most  delightful 


COLLEGE  LIFE  23 

conversation, —  and  yet  so  clear,  and  harmonious,  and 
distinct  as  to  be  easily  heard,  apparently,  by  every 
body.20 

Early  in  November,  1842,  James  Harlan  re 
turned  to  Greencastle  and  resumed  his  studies, 
joining  with  a  number  of  his  fellow-students  in 
keeping  "bachelor  hall".  They  rented  "a 
small  hotel,  which  happened  at  the  time  to  be 
unoccupied,  and  apportioned  out  the  rooms  to 
small  messes  of  from  two  to  four  students  in 
each  mess;  each  student  furnishing  his  own 
room;  and,  for  a  time,  each  mess  supplying  its 
own  table  ".  After  a  time  they  all  joined  in  one 
mess  "and  hired  a  family "  to  cook  and  serve 
the  meals,  one  of  the  students  being  detailed 
each  week  to  act  as  steward.  By  this  arrange 
ment  the  cost  of  living  was  reduced  to  less  than 
one  dollar  a  week  for  each  member  of  the  group. 

Sunday  now  became  the  busiest  day  in  the 
week  for  Harlan.  He  was  an  active  member  of 
a  missionary  society,  which,  dividing  itself  into 
small  groups,  organized  and  instructed  Sabbath 
schools  in  rural  neighborhoods  around  Green- 
castle.  Early  every  Sunday,  with  two  col 
leagues,  he  walked  three  miles  to  a  country 
schoolhouse  and  taught  a  class,  returning  to 
town  in  time  for  church  services  at  eleven 
o  'clock.  In  the  afternoon  came  a  lecture  in  the 
college  chapel,  followed  by  another  church  ser 
vice  in  the  evening.  "The  faithful  fulfillment 


24  JAMES  HARLAN 

of  these  engagements,  with  a  reasonable  amount 
of  Sabbath-day  reading/'  and  the  writing  of 
synopses  of  sermons  and  lectures  filled  every 
hour  of  a  long  day. 

The  college  year  of  1842-1843  passed  in  much 
the  same  manner  as  the  preceding  year.  A 
number  of  incidents  reveal  the  developing 
ability  of  James  Harlan  and  his  growing  in 
fluence  in  the  student  body.  As  the  spokesman 
of  a  movement  to  erect  a  monument  in  memory 
of  a  deceased  student  he  succeeded  in  over 
coming  and  disarming  the  opposition  of  a 
faction  led  by  Mark  Smith,  whose  father  was  at 
that  time  a  United  States  Senator  from  Indiana. 
He  was  again  chosen  by  the  Platonean  Literary 
Society,  of  which  he  was  President  during  a 
portion  of  the  year,  as  one  of  its  debaters  in 
the  annual  contest.  He  successfully  defended 
a  member  brought  to  trial  for  alleged  offenses 
against  the  society's  laws;  and  caused  the  de 
feat  of  a  motion  to  confer  honor  upon  a  member 
who  had  been  publicly  dismissed  from  the 
university  for  violating  certain  rules  of  the  in 
stitution.21 

During  the  spring  vacation  the  young  orator 
took  an  active  interest  in  politics.  He  wrote  a 
number  of  articles  for  a  Kockville  newspaper, 
"took  part  in  several  political  debates  in  the 
county,  attended  the  county  Whig  convention, 
and  was  appointed  a  delegate  to  the  Whig  Con- 


COLLEGE  LIFE  25 

gressional  convention".  In  fact,  he  became  so 
much  interested  in  politics  that  when,  several 
months  later,  he  received  a  letter  from  a  friend 
urging  him  to  take  the  stump  in  Park  County 
and  seek  political  office,  he  found  the  temptation 
strong.  Nevertheless,  he  recorded  in  his  jour 
nal:  "I  take  part  sometimes  in  political  dis 
cussions, —  but  I  have  no  desire  for  official 
stations.  I  think  I  will  be  a  farmer.  "22 

Scarcely  had  Harlan  reached  his  home  in 
September,  1843,  at  the  end  of  the  college  year, 
when  he  received  a  call  from  George  C.  Snow, 
an  intimate  friend  and  the  prospective  husband 
of  his  sister  Lydia.  Snow  brought  the  news 
that  he  had  made  arrangements  for  James  and 
himself  to  become  members  of  a  party  which 
would  start  on  the  following  Monday  for  the 
much  talked  of  Territory  of  Iowa.  Although 
there  was  little  time  for  preparation  the  plan 
appealed  strongly  to  the  young  man,  who  was 
curious  to  see  the  "new  country "  west  of  the 
Mississippi,  and  accordingly  he  accepted  the 
invitation. 

The  party  set  out  on  their  western  journey 
on  September  18, 1843,  in  a  "two-horse  wagon" 
which  doubtless  had  the  customary  canvas 
cover,  and  which  was  well  stored  with  blankets 
and  necessary  supplies.  During  the  first  day 
they  "ferried  across  the  Wabash  river;  passed 
through  the  town  of  Newport,  ....  and 


26  JAMES   HARLAN 

a  few  miles  beyond  camped  for  the  night". 
Sunrise  the  following  morning  found  them  once 
more  on  their  westward  way,  and  soon  they 
emerged  from  the  forest  upon  the  "Grande 
Prairie". 

"Although  I  had  been  familiar  with  the  ap 
pearance  of  such  prairies  as  were  to  be  found 
in  the  vicinity  of  the  Wabash  river  .... 
I  had  never  before  seen  any  like  those  upon 
which  we  were  now  entering",  wrote  Harlan 
when  recalling  his  astonishment  at  the  first 
sight  of  this  great  stretch  of  open  country. 
1  i  Their  immensity  was  over-whelming.  In  fact 
the  whole  country  appeared  to  be  only  one 
boundless  expanse,  a  vast  ocean  covered  with 
grass  mingled  with  native  flowers,  .  .  .  . 
here  and  there  relieved  by  groves,  and  spurs 
and  tongues  of  timber  reaching  out  from  the 
main  bordering  forests,  like  islands  and  capes 
and  promontories  in  and  around  the  great 
sea."23 

The  party  proceeded  across  this  "wonderful 
country",  through  Urbana,  Bloomington,  Pe- 
oria,  Knoxville,  and  Monmouth,  to  Burlington 
in  the  Territory  of  Iowa.  The  team  and  wagon 
and  the  four  men  were  transported  across  the 
broad  Mississippi  for  the  modest  sum  of  one 
dollar.  Lodgings  were  secured  in  the  "Union 
Hotel"  at  Burlington,  and  the  young  Hoosiers 
proceeded  to  make  a  survey  of  the  town,  "which 


COLLEGE  LIFE  27 

had  acquired  considerable  notoriety;  having 
been  the  capital  of  the  Territory  of  Wisconsin, 
which  at  that  time  included  Iowa;  and  after 
Wisconsin  became  a  State,  remained  the 
metropolis  of  the  new  Territory.  It  was  not  a 
large  city, —  containing  probably  not  more  than 
two  thousand  inhabitants,  residing  in  primitive 
looking  dwellings  clustered  together  between 
two  rugged  hills  at  the  mouth  of  a  small  stream 
called  'Hawk-Eye  Creek'.  The  inhabitants, 
however,  appeared  to  be  alert,  intelligent,  enter 
prising,  and  courteous, —  especially  so  to  '  new 
comers  V'24 

Shortly  after  arriving  in  Burlington  Harlan 
and  Snow  parted  from  their  fellow-travelers, 
who  were  bent  upon  proceeding  farther  into  the 
interior.  The  two  young  men  watched  their 
comrades  drive  away  "over  the  hills "  to  the 
westward,  and  then  with  "an  indescribable 
feeling  of  loneliness "  returned  to  the  hotel. 
The  following  morning  they  were  greeted  with 
stories  of  mob  violence  and  an  attempted 
murder  during  the  night.  "But,  being  Amer 
icans  born  and  brought  up  on  the  western 
frontier, "  they  readily  "understood  that  these 
unpleasant  happenings  were  merely  as  the  froth 
on  the  crest  of  the  incoming  wave  of  population, 
which  would  soon  disappear  without  affecting 
the  character  of  the  depths  below ;  and  that  the 
great  body  of  the  people  here  on  the  very  verge 


28  JAMES   HARLAN 

of  civilization  were  on  the  average  as  reliable 
and  desirable  for  neighbors  and  friends, —  and 
as  intelligent,  enterprising,  patriotic  and  trust 
worthy  as  anywhere  else  in  the  whole  coun 
try."25 

Leaving  Burlington  on  the  second  day,  the 
two  companions  set  out  on  foot  for  Wapello, 
thirty  or  forty  miles  to  the  northward,  stopping 
over  night  at  a  small  village  known  as  Yellow 
Springs.  Here  they  were  overtaken  by  the  tri 
weekly  stage-coach  from  Burlington  to  Wapello, 
and  in  that  jolty  vehicle  they  continued  the 
journey  to  their  destination.  Several  days  were 
spent  at  Wapello  visiting  with  friends  and 
making  short  excursions  into  the  surrounding 
country.  Eeturning  to  Burlington  early  in 
October  they  took  passage  down  the  Mississippi 
River  on  the  steamboat  " Louis  Oak".  At  the 
village  of  Montrose  "passengers  and  cargo 
were  transferred  to  open  barges ' '  or  keel-boats. 
As  these  rude  craft  were  propelled  down  the 
stream  the  travelers  obtained  an  excellent  view 
of  Nauvoo,  the  city  of  the  Mormons.  "It  was 
said  to  be  only  three  years  old,  and  to  contain  at 
this  date  twenty  thousand  inhabitants.  "2G 

The  next  stop  was  at  Keokuk  on  the  Iowa  side 
at  the  foot  of  the  rapids,  where  Harlan  and 
Snow  remained  for  a  day  and  night,  securing 
lodging  in  the  home  of  a  "full  fledged  Mor 
mon".  "The  town  of  Keokuk  at  this  date  was 


COLLEGE  LIFE  29 

not  attractive.  The  bluffs  were  precipitous,  and 
approached  so  close  to  the  river  as  to  leave 
room  only  for  a  very  narrow  wagon  road,  lo 
cated  close  up  to  the  water's  edge,  and  one 
somewhat  long  row  of  buildings  on  the  other 
side  of  this  drive-way,  where  they  seemed  to  be 
engaged  in  a  sort  of  life  and  death  struggle 
with  the  rugged  hills  to  secure  room  to  stand 
on.  This  only  business  street  was  undulating, 
crooked,  and  unimproved  in  any  way.  The 
houses  were  small  and  primitive  and  only  one 
story  in  height.  One  of  them  only  was  made  of 
bricks ;  a  very  few  were  frame,  and  the  residue 
were  constructed  of  logs.  The  resident  part  of 
the  town  was  located  on  the  bluffs,  and  was 
even  less  inviting  in  appearance  than  its  busi 
ness  street/'27 

The  steamboat  "Leander"  conveyed  the  two 
wanderers  from  Keokuk  to  Hannibal,  and 
thence  they  journeyed  on  foot  and  "in  a  so- 
called  ' stage  coach'  to  the  town  of  Paris", 
Missouri,  which  place  became  their  head 
quarters  during  the  succeeding  three  weeks. 
Although  slavery  did  not  exist  on  a  large  scale 
in  northeastern  Missouri,  the  people  were  for 
the  most  part  slaveholders  in  their  sympathies, 
and  so  James  Harlan  had  an  excellent  oppor 
tunity  to  study  the  workings  of  the  system 
while  on  the  numerous  trips  which  he  and  his 
companion  made  into  the  country  around  Paris. 


30  JAMES   HARLAN 

He  found  the  slaves  well  fed,  clothed,  and 
sheltered,  and  in  the  main  well  treated.  But  he 
noted  "at  least  two  crowning  evils  so  rooted  in 
this  system  of  servitude  as  to  be  without  rem 
edy  ",  namely,  the  inevitable  tendency  to  de 
pravity  in  the  relations  between  the  races,  and 
the  "admitted  necessity  of  keeping  the  slave 
population  in  ignorance  ". 

Late  in  October  the  young  men  departed 
from  Paris  and  after  five  or  six  days  found 
themselves  at  Clinton,  a  small  village  in  the 
western  part  of  Monroe  County,  Missouri, 
where  a  Methodist  "Quarterly  Meeting "  was  in 
progress.  Learning  that  a  teacher  was  wanted 
for  the  district  school  in  the  community,  Harlan 
applied  for  the  position.  "After  considerable 
negotiation  with  the  'Board  of  Trustees',  com 
posed  of  three  of  the  neighboring  farmers, 
consultation  on  their  part  with  the  principal 
patrons,  ....  followed  by  a  thorough 
personal  examination  "  by  the  School  Inspectors 
of  the  Township  "at  the  school  house,  in  the 
presence  of  the  leading  citizens",  he  was  elect 
ed.  His  confidence  in  the  wide-spread  fame  of 
his  university  received  a  rude  shock,  however, 
when  a  letter  of  recommendation  signed  by 
President  Simpson,  presented  during  the  course 
of  the  examination,  elicited  no  response  save  the 
question:  "Who  is  Mr.  Simpson? " 

The  school  term  began  on  November  7,  1843, 


COLLEGE  LIFE  31 

and  for  three  months  Harlan  was  busy  teaching 
classes,  conducting  a  literary  and  debating 
society,  and  giving  instruction  to  an  evening 
grammar  class,  his  companion,  George  C.  Snow, 
being  one  of  his  pupils.  By  the  end  of  the  term 
Harlan 's  fame  as  "a  teacher  by  lectures "  had 
spread,  and  he  received  and  accepted  an  offer 
to  organize  a  "Grammar  School"  in  a  neighbor 
hood  not  far  distant  from  Clinton. 

In  the  new  community  Harlan  was  much  in 
demand  in  a  social  way  and  was  often  enter 
tained  over  the  week's  end  in  the  homes  of  the 
leading  families  who  evidently  looked  upon  him 
as  especially  eligible  matrimonially.  Nor  was 
the  young  teacher  unimpressionable.  With 
pleasing  frankness  his  journal  chronicles  the 
minutest  details  of  his  visits  in  the  homes  of  his 
patrons,  giving  enthusiastic  pen-pictures  of 
several  young  ladies  who  strove  to  warm  the 
heart  of  the  exile.  An  exciting  experience  of 
being  lost  for  several  hours  in  a  dense  fog,  with 
wolves  howling  all  about  him,  while  returning 
from  one  of  these  pleasant  visits,  led  him  to 
write  in  his  journal :  "  As  all  nature  in  the  form 
of  fog,  rain,  wind,  clouds,  smoke  and  wolves 
conspire  against  it,  perhaps  I  should  not  repeat 
my  visits  to  the  Henegars,  notwithstanding  the 
charms  of  the  enchanting  daughter !" 

The  last  day  of  school  came  and  with  it  a 
crowd  of  visitors  to  attend  the  examination  of 


32  JAMES   HARLAN 

the  pupils,  which  resulted  to  the  evident  satis 
faction  of  the  solicitous  parents.  Then,  after 
several  days  occupied  in  attending  a  Whig 
County  Convention,  and  after  bidding  a  regret 
ful  farewell  to  friends  and  patrons,  Harlan  and 
Snow  "started  on  foot  for  Hannibal  —  the 
nearest  steamboat  landing  on  the  Mississippi 
river".  Although  it  was  nearly  the  last  of 
March  the  travelers  encountered  a  severe  bliz 
zard  when  well  on  their  wray;  but  with  faces 
turned  homeward  they  resolutely  trudged  on 
through  snow  and  mud,  reaching  Hannibal 
about  noon  of  the  second  day.  Here  they  took 
passage  to  St.  Louis,  and  thence  proceeded  by 
boat  up  the  Ohio  Eiver,  a  trip  which  was 
enlivened  by  a  race  with  a  rival  craft.  At 
Evansville,  Indiana,  they  left  the  river  and, 
journeying  partly  by  boat  and  partly  overland, 
reached  the  Harlan  home  on  April  6, 1844.28 

During  the  remainder  of  April  and  the  early 
part  of  May,  James  assisted  his  father  in 
putting  in  the  spring  crops.  In  the  meantime, 
however,  he  was  given  ample  opportunity  to 
indulge  his  taste  for  political  speech-making. 
One  week  after  his  home-coming  he  attended  a 
political  meeting  on  the  "Rocky  Fork"  and 
"made  a  speech  about  an  hour  and  a  quarter 
long  which  was  listened  to  attentively,  and 
rapturously  applauded  at  the  close."  Six  days 
later  he  "went  to  Rockville,  by  invitation,  and 


COLLEGE  LIFE  33 

delivered  a  speech  to  the  Clay  Club,  which  was 
well  received".  On  May  10th  he  spoke  at  Bose- 
ville  and  was  offered  the  Whig  nomination  as  a 
candidate  for  a  seat  in  the  Indiana  legislature 
from  Park  County,  an  honor  which  he  "felt  a 
strong  inclination  to  accept ",  but  after  reflec 
tion  "acquired  sufficient  courage  to  decline".29 

Shortly  after  this  event  he  returned  to  Green- 
castle  and  resumed  college  work,  without 
serious  loss  of  position  in  his  classes,  notwith 
standing  his  long  absence.  James  Harlan,  the 
upper-classman,  found  life  intensely  earnest. 
Behind  in  Latin,  and  deep  in  the  mysteries  of 
Greek  construction,  he  yet  took  time  for  par 
ticipation  in  forensic  contests  —  the  prominence 
of  which  in  the  life  of  western  colleges  in  large 
measure  explains  the  readiness  of  western 
statesmen  in  oratory.  Political  discussions, 
temperance  addresses  and  miscellaneous  public 
speeches  became  more  frequent,  and  claimed 
much  of  the  student 's  time.  This  was  the  year 
of  the  presidential  campaign,  and  Harlan  was 
ever  ready  to  speak  in  support  of  the  "Great 
Compromiser".  During  the  summer  term  he 
received  a  flattering  offer  from  President 
Simpson  to  become  a  collecting  agent  to  secure 
funds  for  the  college,  but  deemed  it  best  to 
decline. 

A  vacation  in  October  was  filled  with  hard 
work  on  the  farm,  the  routine  being  relieved  by 


34  JAMES  HARLAN 

a  political  speech  and  a  second  visit  to  Ms  birth 
place  in  Illinois.  Then  came  the  senior  year 
which  passed  rapidly,  with  few  unusual  events 
to  disturb  the  even  tenor  of  student  life.  On 
Wednesday,  August  20, 1845,  James  Harlan  was 
one  of  a  class  of  eleven  who  received  their 
diplomas  and  the  degree  of  B.  A.  at  Asbury 
University.  He  had  been  in  actual  attendance 
less  than  three  years,  but  during  the  long 
periods  of  absence  he  "was  not  intellectually 
idle"  and  so  was  able  to  keep  pace  with  his 
classmates.  And  it  is  interesting  to  note  that 
the  total  cash  expenditures  of  his  entire  college 
course  —  from  June  1,  1841,  to  August  20,  1845 
-aggregated  only  two  hundred  and  sixty-six 
dollars  and  seventy-two  and  three-fourths 
cents  !30 


IV 

MARRIAGE  AND  REMOVAL  TO  IOWA 

COLLEGE  activities,  however,  did  not  occupy  all 
of  young  Harlan's  time  at  "Old  Asbury", 
especially  during  the  last  year.  The  social  life 
of  the  town  of  Greencastle  evidently  had  strong 
attractions  for  him,  for  in  his  diary  were  re 
corded  the  names  of  fifteen  or  twenty  young 
ladies  upon  whom  he  "occasionally  made  a 
friendly  call ' '  during  the  last  year  of  his  college 
course.31  But  among  these  young  ladies  the  one 
whose  name  appeared  most  frequently  was  Ann 
Eliza  Peck,32  and  before  commencement  day  the 
two  had  come  "to  a  definite  understanding "  as 
to  what  their  "relations  should  become  some 
time  in  the  future. "  Thereafter  Harlan  heard 
Miss  Peck  recite  "two  or  three  times  a  week  in 
Mental  Science  and  other  advanced  studies  not 
included  in  the  course  pursued  at  Mrs.  Lara- 
bee  's  school  for  young  ladies,  which  she  had 
been  attending. "  Later  he  "gave  her  an  ex 
amination  on  her  preceding  lessons  in  Upham  's 
Mental  Philosophy;  and  formed  a  very  flatter 
ing  opinion  of  her  capacity. '  ' 

35 


36  JAMES  HARLAN 

On  the  evening  of  commencement  day  Harlan 
received  another  urgent  offer  of  the  position  of 
traveling  financial  agent  for  the  university,  but 
again  thought  it  best  to  decline.  On  the  follow 
ing  day  he  returned  home  where  he  spent  the 
greater  part  of  the  following  two  months,  as 
sisting  his  father  with  the  work  of  the  farm. 
Early  in  November,  accompanied  by  his  two 
sisters  Lydia  and  Jane,  and  his  friend  and 
prospective  brother-in-law  George  C.  Snow,  he 
drove  to  Greencastle;  and  there,  on  Sunday, 
November  9, 1845,  James  Harlan  and  Ann  Eliza 
Peck  were  united  in  marriage,  President  Simp 
son  officiating  at  the  ceremony.33 

A  three  months  term  as  the  teacher  of  a 
district  school  and  a  month  on  the  Harlan  home 
stead  making  maple  sugar  occupied  the  time 
until  about  the  middle  of  March,  1846.  Then  it 
was  that  the  call  came  which  brought  James 
Harlan  to  Iowa,  then  about  to  emerge  into 
Statehood.  While  visiting  friends  at  Green- 
castle  he  was  sought  out  by  Eev.  James  L. 
Thompson,  the  duly  authorized  agent  of  Iowa 
City  College,  who  came  in  search  of  a  principal 
for  the  new  school.34  After  consulting  with  the 
faculty  of  Asbury  University,  and  upon  their 
recommendation,  he  offered  the  position  to 
Harlan.  The  young  man  was  not  long  in  de 
ciding  to  accept  the  offer. 

Preparations  were  immediately  begun  for  the 


REMOVAL  TO  IOWA  37 

overland  journey  to  the  country  beyond  the 
Mississippi.  Preferring  to  provide  his  own 
means  of  transportation,  rather  than  undertake 
the  tedious  and  expensive  journey  by  mail 
coach,  Harlan  secured  a  good,  strong  horse  and 
an  open  buggy  "with  body  large  enough  to 
carry  two  persons  and  a  trunk,  with  light  hand 
baggage,  and  the  usual  wraps  to  guard  against 
cold  stormy  weather."  Thus  equipped,  the 
young  couple  bade  farewell  to  their  Indiana 
friends,  and  on  March  14, 1846,  started  for  their 
new  home  in  Iowa,  accompanied  by  "Father" 
Thompson  and  a  young  man  from  Covington, 
Indiana,  named  Eichard  Poore.  After  an  un 
eventful  journey  of  twelve  days  the  party 
reached  Iowa  City  on  March  25th,  and  found 
hospitality  that  night  in  the  home  of  Dr.  Jesse 
Bo  wen.35  For  several  weeks  thereafter  the 
Harlans  lived  in  the  home  of  John  M.  Coleman, 
who  as  Territorial  Agent  for  several  years  had 
been  largely  instrumental  in  raising  funds  for 
the  erection  of  the  capitol  building.  A  small 
house  adjoining  the  building  used  by  the  college 
was  then  secured  and  the  couple  began  house 
keeping.36 

Iowa  City  College,  the  principalship  of  which 
James  Harlan  now  assumed,  was  incorporated 
by  an  act  of  the  Territorial  legislature  approved 
on  February  15,  1843.  Although  the  movement 
for  establishing  the  college  had  been  inaugu- 


38  JAMES  HARLAN 

rated  by  the  Methodist  Episcopal  Church  and 
the  act  of  incorporation  declared  that  it  should 
be  under  the  patronage  of  that  denomination,  it 
was  also  stipulated  that  the  college  should  be 
"founded  and  maintained  forever,  upon  a  plan 
the  most  suitable  for  the  benefit  of  the  youth  of 
every  class  of  citizens,  and  of  every  religious 
denomination,  who  shall  be  freely  admitted  to 
equal  advantages  and  privileges  of  education ". 
The  Trustees  were  named  in  the  act,  their  pow 
ers  and  duties  were  defined,  and  the  north  half 
of  block  five  was  donated  to  the  college  on  the 
condition  that  a  building  or  buildings  should  be 
erected  upon  it  within  a  specified  time.37 

The  Trustees  "were  all  duly  sworn  in  pur 
suance  to  the  Charter,  by  Fernando  H.  Lee,  a 
Justice  of  the  Peace  in  and  for  Johnson  county  " 
on  April  3,  1843.  They  then  proceeded  to 
organize,  and  James  L.  Thompson  and  Anson 
Hart  were  chosen  President  and  Secretary  of 
the  Board  respectively.  Committees  were  ap 
pointed  to  draft  by-laws  for  the  government  of 
the  Board,  to  secure  suitable  rooms  for  college 
purposes,  and  to  secure  the  services  of  com 
petent  teachers.  From  this  time,  however, 
until  the  coming  of  James  Harlan  very  little 
seems  to  have  been  accomplished.38 

"Within  a  few  days  after  our  arrival  I  was 
presented  to  the  Board  of  Trustees  of  this  in 
fant  college,  and  was  unanimously  elected 


REMOVAL  TO  IOWA  39 

Professor  of  Languages,  and  Principal  of  the 
Institution",  wrote  Harlan  in  the  story  of  his 
life.  He  found  that  the  Trustees  had  already 
engaged  Mrs.  Anson  Hart  as  Principal  of  the 
Female  Department,  although  he  had  supposed 
that  he  should  have  complete  freedom  in  the 
choice  of  his  subordinates.  Nevertheless,  he 
proceeded  to  organize,  or  rather  to  reorganize, 
the  school,  "forming  the  boys  and  girls  into 
classes  according  to  their  respective  state  of 
advancement  without  reference  to  sex. ' '  When 
Mrs.  Hart  reported  for  duty  he  found  her  thor 
oughly  in  sympathy  with  his  ideas,  and  conse 
quently  a  separate  "Female  Department"  was 
not  maintained.  The  attendance  was  not  large 
at  first,  but  it  gradually  increased  during  the 
year,  and  the  young  educator  soon  became 
deeply  interested  in  his  work  and  strongly  at 
tached  to  his  students.39 

The  college  year  was  divided  into  two  terms 
of  five  months  each,  and  each  term  consisted  of 
two  quarters  of  eleven  weeks  each.  There  were 
three  departments,  an  infant  department,  a  pre 
paratory  department  and  a  collegiate  depart 
ment;  and  a  course  of  study  was  offered  which 
was  quite  comprehensive  for  a  frontier  school. 
Since  it  was  necessary  that  the  school  should  be 
largely  self-supporting,  the  rates  of  tuition  were 
high,  ranging  from  two  dollars  to  six  dollars 
per  quarter  for  each  subject  or  group  of  sub- 


40  JAMES   HARLAN 

jects.  The  government  of  the  school  was 
declared  to  be  "mild,  parental  and  firm",  and 
it  was  announced  that  board  could  be  secured 
"in  respectable  and  pious  families,  at  from 
$1.00  to  $1.75  per  week."40 

Besides  attending  to  the  duties  of  his  prin- 
cipalship  James  Harlan  took  an  active  part  in 
the  church  and  social  life  of  the  capital  city,  and 
made  many  friends  among  the  citizens  and 
members  of  the  legislature.  Frequently  he  was 
called  upon  to  address  public  gatherings  on 
social,  religious,  and  educational  topics.  In 
fact  he  became  so  popular  as  a  public  speaker 
that  the  demands  upon  his  time  soon  exceeded 
the  limit  of  his  ability  to  respond.41  The  ac 
quaintances  and  experience  thus  gained  stood 
him  in  good  stead  in  subsequent  political  cam 
paigns.  The  event  of  this  period,  however, 
which  was  given  the  most  space  in  Harlan 's 
autobiographical  account  was  the  birth  of  his 
first  child,  Mary  Eunice,  which  occurred  on 
September  25,  1846.42 


CANDIDATE  FOE  STATE  SUPERINTENDENT 

AMONG  the  offices  created  by  the  Constitution 
under  which  Iowa  was  admitted  into  the  Union 
in  1846  was  the  office  of  Superintendent  of 
Public  Instruction,  which  was  to  be  filled  by 
popular  election.43  Upon  the  General  Assembly 
was  imposed  the  duty  of  determining  the  time 
and  manner  of  holding  the  election,  and  the 
powers,  duties,  and  compensation  of  the  Super 
intendent.  Accordingly,  by  an  act  approved  on 
January  24,  1847,  the  legislature  provided  that 
a  Superintendent  and  certain  other  school 
officers  should  be  elected  "at  the  next  annual 
township  election",44  the  date  of  which  was  by 
another  act  set  for  the  first  Monday  in  April, 
1847.  The  importance  of  the  office  in  the  eyes 
of  the  legislators  is  evidenced  by  the  fact  that  it 
carried  with  it  a  salary  of  twelve  hundred  dol 
lars,  while  the  Governor  of  the  State  received 
only  one  thousand  dollars. 

The  Democrats  were  the  dominant  party  in 
Iowa  at  this  time.  The  Constitution  was  dis 
tinctly  an  instrument  of  their  making,  and  at 

41 


42  JAMES   HARLAN 

the  first  election  of  State  officers,  in  the  fall  of 
1846,  they  elected  their  entire  ticket  and  cap 
tured  the  upper  house  in  the  General  Assembly. 
Consequently,  if  the  election  of  a  Superintend 
ent  of  Public  Instruction  should  be  determined 
on  partisan  grounds,  it  seemed  entirely  likely 
that  a  Democrat  would  secure  the  office.  James 
Harlan,  however,  was  not  willing  that  partisan 
ship  should  enter  into  the  choice.  He  had  come 
to  Iowa  to  aid  in  the  educational  development  of 
the  Commonwealth,  and  naturally  felt  a  deep 
interest  in  the  selection  of  the  first  Superin 
tendent.  "Taking  careful  note  of  the  distribu 
tion  of  high  official  honors  among  the  leading 
members  of  the  Democratic  party ",  it  became 
clear  to  him  "that  this  position  was  regarded  by 
them  simply  as  a  'plum'  to  be  awarded,  like 
purely  political  offices,  to  one  of  themselves  as 
a  reward  for  partisan  services ;  and  that  Hon. 
Charles  Mason,  of  Burlington,  the  Chief  Justice 
of  the  Supreme  Court  of  the  Territory ",  who 
would  soon  be  out  of  office,  "would  be  desig 
nated  as  a  candidate  on  the  part  of  the 
democracy."45 

Notwithstanding  Judge  Mason's  high  char 
acter  and  many  qualifications,  Harlan  did  not 
favor  him  for  the  superintendency,  believing 
that  he  would  regard  it  as  an  office  worthily 
won,  rather  than  as  a  post  of  duty;  and  that 
he  "would  make  it  a  mere  ad  interim  affair,  and 


CANDIDATE  FOR  SUPERINTENDENT    43 

a  stepping  stone  subservient  to  his  future 
political  promotion.  "46  Believing  that  the  best 
interests  of  the  educational  system  of  the  State 
demanded  the  defeat  of  Mason  if  he  should 
become  a  candidate,  and  at  the  same  time  real 
izing  that  few  men  looking  forward  to  a  political 
career  would  be  willing  to  make  a  race  against 
an  opponent  so  well  known  as  the  Judge,  Harlan 
decided  to  enter  the  contest  himself.  And  so, 
after  consulting  with  friends  and  making  in 
quiries  to  assure  himself  that  the  field  was  still 
open,  he  announced  his  candidacy  early  in 
March,  "independent  of  party  or  caucus ",  and 
placed  announcement  cards  in  both  of  the  Iowa 
City  newspapers.47 

This  announcement  precipitated  a  newspaper 
discussion  and  the  Democratic  organ  at  Iowa 
City  was  especially  severe  in  its  criticisms  of 
Harlan.  The  candidate 's  scholarship  was  called 
into  question  because  in  a  note  to  the  editor  the 
word  "April"  had  been  misspelled.  He  was 
charged  with  duplicity  in  announcing  himself 
independent  of  party  nomination,  the  editor 
declaring  that  this  was  merely  a  subterfuge  to 
gain  Democratic  votes,  and  that  Harlan  had 
been  nominated  by  a  Whig  junta.  Morever, 
Harlan 's  short  residence  in  Iowa  was  used  as  an 
argument  against  him.  The  Whig  press,  on  the 
other  hand,  espoused  Harlan 's  cause,  vigor 
ously  defended  him  against  his  opponents,  and 


44  JAMES   HARLAN 

denied  Mason's  qualifications  for  the  office.48 
Thus  the  contest  for  the  superintendency  be 
came  a  party  struggle,  in  spite  of  the  fact  that 
Harlan  himself  had  abjured  partisanship. 

Meanwhile  Harlan  was  traveling  over  the 
State  on  horseback,  addressing  audiences  on 
educational  themes  and  becoming  acquainted 
with  the  voters.  An  elaborate  schedule  of  dates 
was  arranged  and  published  in  the  news 
papers,49  and  on  the  last  day  of  February, 
accompanied  by  his  friend  James  L.  Thompson, 
he  set  out  from  Iowa  City  on  his  arduous 
campaign,  going  first  into  the  southern  part  of 
the  State.  The  record  of  the  events  of  the 
succeeding  month  which  Mr.  Harlan  has  left  in 
his  Autobiographical  Manuscript  is  typical  of 
the  experiences  of  the  political  circuit-rider  in 
the  early  days.50  Hearty  hospitality  was  the 
general  rule  everywhere,  but  a  successful  meet 
ing  at  one  point  was  often  followed  by  a 
disappointingly  small  audience  at  the  next. 
Frequently  no  announcement  had  been  made  of 
the  candidate's  coming,  and  a  long,  difficult 
journey  was  thus  made  of  no  avail.  Bad  roads 
were  encountered  everywhere  and  there  were 
vexatious  delays  caused  by  floods  or  inclement 
weather.  Sundays,  far  from  being  rest  days, 
were  devoted  to  lectures  on  education,  temper 
ance,  or  religious  subjects.  Fully  half  of  the 
time  he  made  two  speeches  a  day,  at  points 


CANDIDATE  FOR  SUPERINTENDENT    45 

separated  by  many  weary  miles  of  muddy  road. 
Campaigning  in  Iowa  in  1847  was  by  no  means 
a  pleasure  jaunt. 

The  canvass,  however,  with  all  its  seriousness 
of  purpose  and  its  hardships,  was  not  without 
touches  of  humor.  One  afternoon  while  making 
all  possible  speed  on  the  thirty-mile  ride  from 
Oskaloosa  to  Agency  City,  where  he  was  sched 
uled  to  speak  in  the  evening,  he  was  halted  by 
repeated  calls  from  the  direction  of  a  cabin  by 
the  side  of  the  road.  Eeining  his  horse  he  be 
held  a  man  perched  upon  the  topmost  rail  of  the 
fence  in  front  of  the  cabin.  "Your  name  is 
Harlan,  I  suppose  ? ' '  queried  the  settler.  Upon 
receiving  an  affirmative  answer  he  inquired  if 
the  rider  was  a  candidate  for  Superintendent  of 
Public  Instruction.  Harlan  responded  that  he 
was,  and  that  he  was  on  his  way  to  Agency  City 
to  make  a  speech.  ' '  Well ' ',  remarked  his  inter 
locutor,  "you  have  a  good  long  distance  to  ride, 
and  not  long  to  make  it;  so  I  suppose  you  are 
in  a  hurry,  and  I  will  not  detain  you.  I  expect 
to  vote  for  you ;  but  I  always  like  to  see  the  man 
I  am  going  to  vote  for.  Good-bye ! ' '  With  that 
he  climbed  down  from  the  fence  and  Harlan 
rode  on  "much  amused  and  also  gratified  with 
the  incident.  "51 

Harlan  returned  to  Iowa  City  on  March  18th 
to  deliver  a  speech  which  had  been  advertised 
for  that  afternoon.  Here  he  learned  for  the 


46  JAMES   HARLAN 

first  time  that  Judge  Charles  Mason  had 
definitely  announced  his  candidacy  in  a  public 
letter  which  had  just  reached  the  capital  city. 
In  this  letter  Mason  stated  that  he  had  been 
presented  as  a  candidate  by  "the  partiality  of 
friends  highly  respectable,  both  in  number  and 
character",  and  that  he  had  not  sought  the 
office,  but  that  if  elected  he  would  discharge  his 
duties  to  the  best  of  his  ability.  At  the  same 
time  he  sought  to  cast  reflections  upon  his 
opponent.  The  contest  was  not  a  political  one, 
he  declared,  and  political  discussion  would  be 
out  of  place.  "Nor  do  I  know",  he  continued, 
"of  any  antagonism  of  opinion  in  relation  to 
the  manner  in  which  the  duties  of  this  particular 
office  should  be  discharged,  which  would  justify 
an  attempt  to  call  the  people  from  their  ordi 
nary  avocations  to  listen  to  public  discussions 
on  electioneering  topics.  I  have  no  peculiar 
schemes  to  propose  —  no  objects,  either  per 
sonal,  professional,  political,  or  sectarian,  to 
accomplish.  I  have  neither  time,  taste,  nor 
capacity,  for  mere  oratorical  display;  and  to 
perambulate  the  State  for  the  purpose  of 
soliciting  suffrages  I  shall  never  do  while  I  can 
find  any  more  creditable  employment."52 

This  sarcastic  letter  by  Judge  Mason  stirred 
Harlan's  fighting  blood.  His  belief  that  the 
Judge  would  deem  it  an  act  of  condescension 
on  his  part  to  accept  the  superintendency  was 


CANDIDATE  FOR  SUPERINTENDENT    47 

confirmed,  and  it  was  evident  to  him  that  Mason 
"expected  this  office  to  march  voluntarily  and 
unsolicited,  and  deliver  itself  into  his  hand!"53 
Mason 's  supporters,  however,  were  alarmed  at 
their  leader 's  inactivity,  and  they  did  every 
thing  in  their  power  to  make  the  Iowa  City 
meeting  unpleasant  for  the  opposing  candidate. 
"Hence,  from  this  time  forward,"  says  Mr. 
Harlan,  "I  put  into  my  addresses  an  element  of 
personality.  I  did  not  call  in  question  my  op 
ponent's  purity  of  character,  his  great  natural 
gifts,  his  wide  range  of  learning,  his  trans 
cendent  qualifications  as  a  military  engineer,  as 
a  lawyer  and  as  a  Judge.  But  I  insisted  that 
neither  his  education  by  the  Government  as  a 
cadet  at  West  Point,  nor  his  experiences  in  the 
Engineer  Corps  of  the  Army,  nor  yet  his  long 
official  service  as  the  presiding  judge  of  a  Ter 
ritorial  Court,  furnished  reasonable  grounds  for 
confidence  in  his  qualifications  and  fitness  for 
the  office  of  Superintendent  of  Public  Instruc 
tion".54 

Leaving  Iowa  City  on  the  following  day, 
March  19th,  Harlan  proceeded  into  the  northern 
part  of  the  State,  speaking  at  Dubuque,  An 
drew,  Dewitt,  Davenport,  Tipton,  and  various 
other  points  in  that  region.  At  Dubuque  he  was 
entertained  by  Thomas  H.  Benton,  Jr.,  a 
nephew  of  "Old  Bullion"  and  at  that  time  a 
member  of  the  State  Senate.  Little  did  these 


48  JAMES   HARLAN 

two  men  guess  that  within  a  year  they  would  be 
arrayed  against  each  other  in  a  contest  for  the 
same  office  which  James  Harlan  was  now 
seeking. 

Shortly  before  election  day  an  incident  oc 
curred  which  illustrates  the  directness  of 
Harlan 's  campaign  methods.  In  glancing  over 
the  newspapers  which  had  accumulated  during 
his  absence  on  the  northern  tour,  he  discovered 
an  anonymous  communication  in  the  Burlington 
Hawk-Eye  in  which  the  writer  urged  the 
election  of  Judge  Mason,  chiefly  on  the  ground 
that  a  knowledge  of  the  law,  and  especially  of 
the  school  laws  of  the  State,  was  a  prime  quali 
fication  for  the  office  of  Superintendent.  The 
tone  of  this  anonymous  letter  led  Harlan  to 
suspect  that  it  had  been  written  by  Rev.  A.  J. 
Huestis,  the  Principal  of  the  Mount  Pleasant 
Collegiate  Institute.  Huestis  had  informed 
Harlan  several  weeks  earlier  that  he  himself 
intended  to  be  a  candidate  for  Superintendent 
in  spite  of  the  fact  that  he  and  Judge  Mason 
were  members  of  the  same  political  party. 

Convinced  by  the  letter  that  there  was  a 
collusion  between  Huestis  and  Mason,  Harlan 
immediately  set  out  for  Mt.  Pleasant  for  the  pur 
pose  of  learning  the  true  state  of  affairs.  Ar 
riving  at  his  destination  he  found  that  a  typical 
pioneer  "barn  raising"  had  drawn  to  town  a 
considerable  number  of  the  voters  of  Henrv 


CANDIDATE  FOR  SUPERINTENDENT    49 

County.  A  meeting  was  arranged  for  that  after 
noon  and  it  was  soon  noised  about  that  some 
thing  "  crooked "  was  to  be  exposed.  As  a 
consequence,  a  large  crowd  gathered  at  the  court 
house  at  one  o'clock.  Harlan  plunged  into  his 
subject  by  reading  the  anonymous  communica 
tion,  and  then  turning  to  Mr.  Huestis,  who  was 
present,  asked  him  to  l '  state  whether  he  was  or 
was  not  its  author,  and  also,  whether  he  had  not 
Judge  Mason's  promise  to  be  made  his  Clerk 
or  Deputy  in  the  event  of  his  election."  Mr. 
Huestis  denied  the  charges,  but  in  such  an 
indefinite  manner  as  to  disappoint  his  loyal 
fellow-townsmen  who  confidently  expected  him 
to  clear  himself  easily.  Thereupon  a  stranger 
arose  and  produced  a  letter  from  Huestis  to  a 
Mr.  Warren  which  conclusively  proved  the 
truth  of  Harlan 's  allegations,  and  left  no  doubt 
regarding  an  agreement  between  Huestis  and 
Mason  to  the  effect  that  the  former  was  to 
become  deputy  in  case  of  the  election  of  the 
latter.55 

Weary  after  a  month  of  almost  constant 
travel  and  speech-making  which  had  carried 
him  into  nearly  every  organized  county  in  the 
State,  Harlan  now  returned  to  Iowa  City  to 
await  the  result  of  the  election.  "When  the 
election  closed  on  the  evening  of  the  fifth  of 
April,  1847, "  he  writes,  "I  was  strongly  im 
pressed  with  the  belief  that  I  had  been  elected, 


50  JAMES  HARLAN 

although  the  contest  had  become  largely  polit 
ical,  and  my  political  opponents  were  decidedly 
in  the  majority. "56  The  closeness  of  the  con 
test,  the  distance  of  some  of  the  precincts,  and 
the  slowness  of  communication,  however,  made 
the  result  uncertain  for  several  days.  But  the 
suspense  was  finally  ended.  When  the  returns 
were  all  in  and  counted,  it  was  found  that 
Harlan  had  been  elected  by  a  handsome  ma 
jority  over  his  opponent,  Judge  Mason  —  much 
to  the  surprise  of  nearly  everyone,  except  the 
successful  candidate  himself.57 


VI 

ELECTION  CONTESTS 

JAMES  HARLAN  was  a  man  doomed  to  bitter 
political  contests  and  relentless  partisan  antag 
onism  throughout  his  entire  public  career,  and 
his  election  as  Superintendent  of  Public  In 
struction  was  the  beginning.  No  sooner  was  the 
fact  of  his  election  established  than  the  Demo 
cratic  leaders,  smarting  under  the  defeat  of 
their  candidate,  began  to  look  about  for  a 
pretext  to  prevent  Harlan  from  entering  upon 
the  duties  of  the  office.  A  pretext  soon  pre 
sented  itself  in  the  shape  of  what  seemed  to  be 
a  technical  defect  in  the  publication  of  the 
statute  authorizing  the  election. 

The  State  Constitution  provided  that  no  law 
of  a  general  nature  should  take  effect  until  it 
had  been  published  and  circulated  in  the  various 
counties  of  the  State  by  the  proper  authority. 
But  if  the  General  Assembly  should  deem  that 
any  act  was  of  immediate  importance  they 
might  provide  that  it  should  take  effect  upon 
publication  in  newspapers  of  the  State.58  The 
law  under  which  the  election  of  Superintendent 

51 


52  JAMES   HARLAN 

and  School  Fund  Commissioners  was  held, 
however,  contained  no  provision  for  its  publi 
cation,  but  simply  provided  that  these  officers 
should  be  chosen  at  the  next  township  election. 
The  interpretation  of  this  law  by  the  legislators 
who  enacted  it,  both  Democrats  and  Whigs,  by 
the  Democratic  Governor  who  approved  it,  by 
the  Democratic  Secretary  of  State  who  pro 
mulgated  it,  and  by  the  voters  at  the  polls,  was 
that  the  next  annual  township  election  meant 
the  election  which  was  to  be  held  on  the  first 
Monday  in  April,  1847. 

In  accordance  with  this  interpretation  the 
Democratic  members  of  the  legislature  had 
nominated  Judge  Mason  for  the  superintend- 
ency;  the  voters  in  all  the  organized  counties 
had  made  nominations  for  School  Fund  Com 
missioners;  and  the  Secretary  of  State  had 
caused  the  act  to  be  published,  not  only  in  the 
Iowa  City  newspapers,  but  also  on  separate 
sheets,  duly  certified,  which  were  distributed  to 
every  county  in  the  State.59  With  this  official 
authorization  and  general  understanding  the 
election  had  been  held.  And  yet  the  election 
thus  called  and  held  was  now  pronounced  il 
legal  and  invalid ! 

The  argument  used  by  those  who  opposed 
James  Harlan's  right  to  the  office  to  which  he 
had  been  elected  by  a  majority  of  the  voters  of 
the  State,  was  that  the  law  had  not  been  pub- 


ELECTION  CONTESTS  53 

lished  in  the  manner  required  by  the  Consti 
tution.  They  maintained  that  the  Constitution 
contemplated  only  two  methods  of  publishing 
the  laws  of  the  General  Assembly,  namely :  in  a 
volume  containing  all  of  the  laws  of  the  session, 
or  by  publication  in  the  newspapers  in  the  case 
of  laws  which  the  legislature  deemed  of  imme 
diate  importance.  Inasmuch,  then,  as  the  act 
calling  for  an  election  of  a  Superintendent  and 
other  school  officers  contained  no  provision  for 
publication  in  the  newspapers,  it  was  argued 
that  it  could  only  become  valid  when  it  had  been 
published  in  a  volume  with  the  other  laws  of 
the  session.  Consequently,  no  election  could 
legally  be  held  until  in  April,  1848,  and  the 
officers  chosen  on  April  5,  1847,  were  not  en 
titled  to  their  offices.60 

In  the  newspaper  controversy  which  followed, 
The  Iowa  Standard,  the  Whig  journal  at  Iowa 
City,  came  valiantly  to  Harlan's  support.  It 
was  held  that  the  Constitution  did  not  require 
that  the  laws  should  all  be  printed  and  circu 
lated  in  one  volume  before  they  could  take 
effect.  Indeed,  the  editor  insisted  that  if  the 
legislature  chose  to  publish  the  laws  from  day 
to  day  on  separate  sheets  and  distribute  them  to 
the  counties,  there  was  nothing  in  the  Consti 
tution  which  made  such  a  method  of  publication 
invalid.  In  the  case  of  the  law  in  question,  it 
had  been  made  as  accessible  to  the  voters  of  the 


54  JAMES  HARLAN 

State  as  it  would  have  been  had  it  been  dis 
tributed  in  a  volume  of  session  laws,  and  conse 
quently  the  spirit  of  the  Constitution  had  been 
fully  complied  with.  The  denial  of  the  validity 
of  the  election  by  the  Democrats  on  the  basis  of 
a  mere  technicality  was  denounced  as  a  subter 
fuge  to  cover  disappointed  and  resentful 
partisanship,  and  it  was  asserted  that  if  Judge 
Mason  had  been  elected  the  point  would  never 
have  been  raised.  Furthermore,  it  was  pointed 
out  that  Judge  Mason  evidently  had  no  doubt  of 
the  legality  of  the  election,  since  he  had  resigned 
his  position  as  Chief  Justice  in  order  that  he 
might  be  free  to  accept  the  superintendency 
when  elected,  as  he  fully  expected  to  be.61 

While  this  newspaper  discussion  was  in 
progress  James  Harlan  was  meeting  writh  diffi 
culties  in  his  efforts  to  discharge  the  duties  of 
the  office  to  which,  according  to  all  principles  of 
reason  and  justice,  he  was  fairly  entitled. 
When  he  applied  to  Elisha  Cutler,  the  Secretary 
of  State,  for  a  certificate  of  election,  he  wTas 
refused  by  that  official,  "the  pretext  of  his 
refusal  being  that  as,  in  his  opinion  the  election 
was  void,  it  was  the  same  in  effect  as  if  no 
election  had  occurred,  and  that  there  was  no  law 
specifically  requiring  the  Secretary  of  State  to 
issue  certificates  of  elections  in  Iowa."62 
Harlan,  however,  did  secure  a  certified  abstract 
of  the  returns  of  the  election,  and  this  he  pre- 


ELECTION  CONTESTS  55 

sented  to  the  Governor,  together  with  his 
official  bond  which  the  Governor  approved. 
Then  after  consulting  with  friends  and  securing 
legal  advice  he  filed  his  bond,  took  the  oath  of 
office,  and  forthwith  assumed  the  duties  and 
responsibilities  of  the  superintendency.  The 
School  Fund  Commissioners  and  the  other  local 
school  officers  chosen  at  the  April  election  also 
proceeded  to  qualify  and  act.63  But  their  trou 
bles  had  only  begun. 

Shortly  after  filing  his  bond  Harlan  was 
served  with  a  writ  of  quo  warranto,  at  the 
instance  of  the  District  Prosecuting  Attorney, 
George  S.  Hampton,  commanding  him  to  ap 
pear  before  the  district  court  and  show  by  what 
authority  he  was  holding  the  office  of  Superin 
tendent.  Harlan,  appearing  by  counsel,  asked 
and  obtained  reasonable  time  in  which  to  make 
a  proper  response  to  the  writ.  Thus  the  hearing 
was  deferred  and  Harlan  was  left  in  possession 
of  the  office.64  But  at  about  the  same  time, 
clearly  by  arrangement,  a  suit  was  brought  in 
the  district  court  of  Johnson  County,  against 
one  Asa  Calkin  who  had  been  elected  in  April 
as  a  school  director  of  Iowa  City.  Calkin  was  a 
Democrat  "and  of  a  caliber  sometimes  de 
scribed  as  *a  ward  politician'  ready  to  do  what 
ever  his  party  leaders  required  of  him." 
Consequently,  he  made  no  defense.  The  Demo 
cratic  Judge  of  the  district  court  decided 


56  JAMES  HARLAN 

adversely  to  the  defendant,  who  then  went 
through  the  form  of  appealing  to  the  Supreme 
Court,  also  strongly  Democratic  in  its  preju 
dices,  where  the  decision  of  the  lower  court  was 
confirmed.65  The  result  in  this  case,  although 
purely  a  sham,  was  to  embolden  Harlan's  op 
ponents  and  to  make  it  increasingly  difficult  for 
him  to  secure  the  official  recognition  necessary 
for  a  proper  performance  of  his  functions. 

Among  the  many  duties  of  the  Superintendent 
of  Public  Instruction  w^as  the  supervision  of  the 
selection  of  school  lands,  and  the  management 
of  the  school  funds.  Congress  had  granted  the 
State  for  school  purposes  the  sixteenth  section 
of  land  in  each  township  or  an  equal  amount 
"as  contiguous  as  may  be",  together  with  five 
hundred  thousand  acres  of  land  within  the  State 
chosen  in  such  manner  as  the  legislature  might 
direct.66  Upon  the  School  Fund  Commission 
ers,  under  the  direction  of  the  Superintendent, 
devolved  the  task  of  selecting  and  selling  the 
lands  thus  granted.  Furthermore,  Congress 
had  reserved  five  per  cent  of  the  net  proceeds  of 
the  sale  of  public  lands  within  Iowa  to  be  used 
by  the  State  for  school  purposes,  and  it  was  the 
duty  of  the  Superintendent  to  have  charge  of  the 
funds  derived  in  this  manner.67 

James  Harlan  found  these  tasks  very  ardu 
ous.  He  had  no  precedents  to  guide  him  in  the 
work,  and  it  was  only  after  extended  cor- 


ELECTION  CONTESTS  57 

respondence  with  the  General  Land  Office  at 
Washington  that  he  received  definite  instruc 
tions  as  to  the  method  to  be  pursued  in  selecting 
and  selling  the  school  lands.  The  hostility  of 
the  Registers  of  the  land  offices  in  Iowa,  who 
were  Democrats  and  accepted  their  party's 
view  of  the  situation,  was  also  a  constant  source 
of  hindrance,  since  all  selections  of  land  had  to 
be  reported  to  them  and  placed  on  record  in 
their  offices.  And  Harlan  was  also  greatly 
hampered  by  the  fact  that  in  several  counties 
the  School  Fund  Commissioners  and  other  local 
school  officers,  either  honestly  or  for  partisan 
reasons  considering  their  election  invalid,  made 
no  effort  whatever  to  perform  the  duties  of 
their  offices. 

Notwithstanding  these  difficulties,  Superin 
tendent  Harlan  worked  diligently  and  succeeded 
in  accomplishing  much  that  was  of  fundamental 
importance.  He  published  an  open  letter  to  the 
local  school  officers,  urging  them  to  proceed 
with  their  duties  and  defending  the  validity  of 
their  election.68  He  also  issued  instructions  to 
the  School  Fund  Commissioners,  telling  them 
how  to  make  the  selections  of  school  lands.69 
The  result  was  that  in  many  counties  in  the 
State  the  school  system  was  put  into  successful 
operation,  and  a  substantial  beginning  was 
made  in  the  choice  and  sale  of  school  lands. 
The  Superintendent  also  traveled  quite  exten- 


58  JAMES  HARLAN 

sively  over  the  State,  investigating  the  condi 
tions  and  needs  of  schools,  consulting  with  and 
giving  advice  to  local  school  officers,  and  de 
livering  public  addresses  on  educational  topics. 
Moreover,  as  President  of  the  Board  of  Trus 
tees  of  the  newly  established  State  University 
of  Iowa,  he  took  a  prominent  part  in  the  early 
deliberations  of  that  body. 

The  legislature  met  in  extra  session  on 
January  3, 1848,  and  on  January  llth  the  House 
of  Representatives  passed  a  resolution  calling 
upon  the  Superintendent  for  a  detailed  report, 
together  with  all  official  correspondence  con 
nected  with  his  office.70  In  his  report,  made  in 
pursuance  of  this  resolution,  Mr.  Harlan  care 
fully  stated  the  details  of  his  election  and  his 
subsequent  difficulties.  He  reported  the  amount 
of  school  lands  selected  and  sold,  the  amount 
and  disposal  of  the  school  funds,  and  the  num 
ber  of  schools  and  pupils.  The  report  closed 
with  a  defense  of  his  right  to  hold  the  office  of 
Superintendent,  and  with  recommendations  for 
modifications  in  the  school  laws;  while  an  ap 
pendix  contained  the  correspondence  called  for 
by  the  resolution  of  the  House.71 

The  House  of  Representatives  received  and 
printed  the  Superintendent's  report,  legalized 
the  sale  of  school  lands  and  the  investment  of 
the  proceeds  under  his  supervision,  and  appro 
priated  the  necessary  money  to  pay  his  salary 


ELECTION  CONTESTS  59 

for  the  current  year.72  But  the  question  of  the 
legality  of  Harlan 's  election  was  left  un 
touched,  except  that  in  the  legalizing  act  there 
was  the  inference  that  the  election  was  consid 
ered  invalid.  In  view  of  this  attitude  of  the 
legislature,  seconded  by  the  Governor  in  his 
special  session  message,73  it  soon  became  ap 
parent  that  a  new  election  would  be  held  in 
April,  1848. 

In  due  time,  as  was  expected,  a  Democratic 
State  Convention  was  held  at  Iowa  City  for  the 
purpose  of  nominating  a  candidate  for  Superin 
tendent  of  Public  Instruction,  and  Thomas  Hart 
Benton,  Jr.,  of  Dubuque,  received  the  nomina 
tion.  This  action  on  the  part  of  the  Democrats, 
together  with  the  nearness  of  the  date  for  the 
new  election,  compelled  Harlan  to  decide  at 
once  whether  he  would  again  be  a  candidate  for 
the  position  to  which  he  and  his  friends  believed 
he  had  been  legally  elected,  or  rest  his  case  upon 
the  decision  of  the  court  in  the  suit  which  was 
still  pending.  His  friends  seemed  about  equally 
divided  upon  the  question.  But  while  he  had  no 
doubt  as  to  his  right  to  hold  the  office,  Harlan 
felt  "that  no  one  could  foresee  to  what  extent 
even  conscientious  judges  might  be  warped  in 
their  opinions  on  a  purely  legal  question  by 
their  relations  to  a  political  party  on  whose 
good  opinion  they  must  depend  for  a  continua 
tion  of  honors  and  emoluments. "  Therefore, 


60  JAMES   HARLAN 

after  mature  reflection  he  decided  "to  make  the 
race"  again,  deeming  it  safer  "to  trust  the 
people  in  their  primary  capacity  at  the  polls, 
than  the  judges  of  the  Iowa  courts  as  then  con 
stituted".74  Moreover,  he  was  desirous  of  end 
ing  the  controversy  because  of  its  demoralizing 
effect  upon  the  school  system. 

The  campaign  which  ensued  was  even  more 
strenuous  than  the  campaign  which  preceded 
Harlan's  election  in  1847.  The  two  candidates 
agreed  to  stump  the  State  together  and  for  that 
purpose  arranged  and  published  a  schedule  of 
dates  covering  each  week  day  from  March  6  to 
April  1.  The  customary  method  of  joint  debate 
was  followed,  the  speakers  alternating  in 
speeches  not  more  than  an  hour  in  length,  fol 
lowing  which  each  speaker  might  have  a  half- 
hour  for  rebuttal  if  he  chose,  but  with  the 
understanding  that  the  last  speaker  should  not 
introduce  any  new  material.  Thus  the  two  men 
traveled  from  one  end  of  the  State  to  the  other 
in  a  friendly  campaign,  sharing  in  common  its 
hardships  and  its  hospitalities.  Late  in  life 
James  Harlan  wrote  a  detailed  account  of  this 
canvass  which  presents  a  vivid  picture  of  cam 
paign  methods  in  pioneer  Iowa.75 

The  election  was  held  on  April  3, 1848,  and  as 
the  returns  came  in  it  was  apparent  that  James 
Harlan  was  again  the  choice  of  the  people  by  a 
small  majority.  Days  and  weeks  passed  and 


ELECTION  CONTESTS  61 

still  the  result  was  left  in  uncertainty.  Returns 
from  two  or  three  Democratic  counties  were  so 
long  withheld  that  the  Secretary  of  State, 
Elisha  Cutler,  Jr.,  was  obliged  to  visit  the 
counties  in  person.  Upon  his  return  he  notified 
Harlan  that  May  12th  had  been  set  as  the  date 
when  the  board  of  canvassers  would  canvass  the 
returns,  and  that  the  candidates  might  be  pres 
ent  at  that  time  if  they  chose.  But  in  the  mean 
time  Mr.  Harlan  and  his  friends  had  "  become 
convinced  that  the  Secretary  of  State,  backed 
by  the  leaders  of  the  democratic  party  in  Iowa, 
had  determined  to  so  classify  and  count  the 
returns  of  the  election  from  the  several  counties 
as  to  secure  the  result  they  wished."70  It  was 
discovered  that  the  two  or  three  Democratic 
counties  which  were  supposed  to  have  been  de 
linquent  were  not  delinquent  at  all,  but  that  the 
returns  had  been  received  by  the  Secretary  of 
State  and  illegally  opened  by  him.  Upon  find 
ing  that  the  Democratic  candidate  was  defeated, 
he  "  withheld  from  the  files  the  returns  from 
these  special  counties,  carried  them  back  and 
had  other  returns  made  out  and  substituted,  so 
as  to  change  the  result."77 

The  official  count,  as  announced  by  the  board 
of  canvassers  on  May  12th,  gave  Thomas  H. 
Benton,  Jr.  the  victory  by  a  majority  of  one 
thousand  two  hundred  and  fifteen  votes  over 
James  Harlan.  But  the  method  by  which  this 


62  JAMES  HARLAN 

result  was  accomplished  marks  one  of  the  most 
disgraceful  instances  of  extreme  partisanship 
to  be  found  in  Iowa  history.  The  board  of  can 
vassers  deliberately  diverted  from  Harlan 
twelve  hundred  ballots  in  which  the  name 
Harlan  had  been  misspelled  in  various  ways, 
declaring  that  each  separate  spelling  must  be 
regarded  as  a  different  man.  With  mock  con 
sistency  they  also  denied  Thomas  H.  Benton, 
Jr.  two  votes  which  had  been  cast  for  T.  H. 
Benton,  Jr.  but  they  considered  Thomas  H. 
Benton  and  Thomas  H.  Benton,  Jr.  as  the  same 
person.78  Furthermore,  an  examination  of  the 
poll-books  in  the  hands  of  the  township  clerks 
in  Jackson  County  revealed  the  fact  that  Harlan 
had  received  eight  more  votes  than  were  cred 
ited  to  him  in  the  official  returns.  And  in 
Marion  County  there  were  returns  from  two 
precincts  which  had  no  existence,  but  which 
gave  Benton  a  majority  of  eighteen  votes.79  An 
impartial  court,  with  all  of  these  facts  in  mind, 
would  necessarily  have  given  Harlan  a  majority 
of  nine.  But  the  board  of  canvassers,  all  of 
whom  were  zealous  Democrats,  refused  to  enter 
tain  any  question  as  to  the  correctness  of  the 
figures  and  Mr.  Benton  was  officially  declared 
elected. 

The  injustice  of  his  defeat  was  deeply  felt  by 
Mr.  Harlan.  His  intercourse  with  Mr.  Benton 
had  led  him  to  suppose  that  when  the  facts  were 


ELECTION  CONTESTS  63 

known  he  would  decline  the  office.  But  Benton 
soon  arrived  in  Iowa  City  prepared  to  assume 
his  duties.  Thereupon  Harlan  wrote  him  a  long 
letter  stating  the  facts  and  the  legal  aspects  of 
the  case.  Benton,  however,  responded  in  a  curt 
note  stating  that  it  was  not  his  place  to  go  be 
hind  the  returns.80  For  a  time  Harlan  appar 
ently  considered  holding  the  superintendency 
until  forcibly  expelled,  and  he  stated  his  inten 
tions  to  that  effect  in  a  public  letter.81  But 
later,  when  the  court  had  decided  against  his 
right  to  hold  office  under  the  first  election,82  he 
realized  the  futility  of  further  contest,  and  re 
linquished  the  office  to  his  adversary. 

Later  in  life,  when  James  Harlan  reviewed 
the  events  which  marked  the  beginning  of  his 
long  public  career,  he  declared  that  as  a  ques 
tion  of  ethics  he  still  believed  that  he  had  been 
wrongfully  deprived  of  the  superintendency, 
but  that  "the  influences  adverse  to  a  correct 
solution  of  a  question  of  ethics "  were  in  this 
case  very  potential.  "Under  the  pressure  of 
these  conditions,*'  wrote  Harlan,  "I  would  not 
now  expect  anyone  entrenched  behind  an  official 
count  in  his  favor  backed  up  by  a  dominant 
political  party  in  full  control  of  all  the  depart 
ments  of  the  State  Government  ....  to 
do  what  then  seemed  to  be  so  natural  and  so 
obviously  his  duty."83 


VII 

LAWYER  SURVEYOR  AND  COLLEGE  PRESIDENT 

THE  close  of  the  controversy  over  the  superin- 
tendency  found  James  Harlan  financially  in 
somewhat  straitened  circumstances.  The  ex 
penses  of  the  two  campaigns  had  borne  heavily 
upon  him,  and  he  had  been  compelled  to  borrow 
money  from  his  friends.  Consequently  he  was 
confronted  with  the  immediate  necessity  of 
choosing  some  means  of  livelihood,  and  he  de 
cided  to  take  up  the  study  of  law  with  a  view  to 
making  it  his  life  profession.  Feeling  the  need 
of  rest,  however,  he  drove  across  country  with 
his  family  and  spent  several  weeks  visiting 
relatives  and  friends  in  Indiana.  He  also  made 
a  trip  to  Cincinnati,  where  he  secured  a  stock  of 
books  and  stationery  for  a  drug-store  which  he 
had  purchased  in  Iowa  City,  planning  to  earn  a 
living  in  this  manner  while  studying  law. 

Returning  to  Iowa  City  in  the  summer  of 
1848,  Harlan  purchased  a  modest  home84  and 
settled  down  to  the  life  of  a  merchant,  devoting 
all  of  his  spare  time  to  reading  law.  At  the 
same  time  he  took  an  active  part  in  the  life  of 

64 


LAWYER  AND  COLLEGE  PRESIDENT    65 

the  community.  His  ability  as  a  public  speaker 
was  well  known  and  lie  was  often  called  upon  to 
make  religious  and  temperance  addresses.  The 
lynching  of  a  burglar  at  Iowa  City  drew  from 
him  a  long  and  able  argument  against  resort  to 
lynch  law  which  appeared  in  a  local  newspaper 
signed  "Civis".85  A  commission  found  among 
his  papers  indicates  that  he  served  as  District 
Deputy  Grand  Worthy  Patriarch  of  the  Iowa 
Sons  of  Temperance  for  Johnson  County.86 
Early  in  1850  he  took  part  in  a  bitter  contro 
versy  aroused  by  the  alleged  burning  of  some 
so-called  Protestant  Bibles  at  the  instigation  of 
a  Catholic  priest  living  in  Iowa  City.87  These 
and  other  occurrences  indicate  the  broad  range 
of  Harlan's  interests  and  activities  while  he 
was  tending  store  and  reading  law  during  the 
years  from  1848  to  1850. 

In  the  spring  of  1850  there  occurred  an  event 
which  proved  that  the  former  candidate  for 
Superintendent  was  not  forgotten  by  his  polit 
ical  friends.  On  May  15th  the  Whig  State 
Convention  met  at  Iowa  City  and  nominated 
James  Harlan  for  Governor.  '  '  This  was  totally 
unexpected  by  me",  he  declares.  "Such  a 
thought  had  never  entered  my  mind ;  and  I  had 
never  heard  it  mentioned  as  in  contemplation 
by  any  one  ....  And  the  Convention  ad 
journed  sine  die  without  communicating  with 
me  on  the  subject,  or  appointing  a  committee  for 


66  JAMES  HARLAN 

that  purpose;  and,  of  course,  without  knowing 
whether  or  not  the  honor  would  be  declined  or 
accepted.  My  acceptance  seemed  to  be  assumed 
as  a  matter  of  course.  "88 

Consequently,  it  was  with  surprise  and  cha 
grin  that  about  two  weeks  later  the  Whigs 
throughout  the  State  read  Harlan's  letter  of 
declination.  He  stated  that  in  the  absence  of  a 
seeming  constitutional  impediment  he  would 
not  feel  at  liberty  to  decline  to  serve  as  the 
standard  bearer  of  his  party.  But  the  Constitu 
tion  provided  that  no  person  should  be  eligible 
to  the  office  of  Governor  who  had  not  attained 
the  age  of  thirty  years  at  the  time  of  his  elec 
tion.  He  would  not  be  thirty  years  of  age  on 
the  day  of  election,  and  although  the  returns 
would  not  be  canvassed  until  after  his  thirtieth 
birthday,  the  question  of  his  eligibility  would 
doubtless  be  raised.  "And  if  our  ticket  should 
succeed,  as  we  may  reasonably  expect, ' '  he  con 
tinued,  "no  one  can  doubt  as  to  the  course  our 
political  opponents  would  pursue,  who  is  con 
versant  with  the  partizan  judicial  proceedings 
and  the  Cutlerization  by  means  of  which  I  have 
been  recently  ousted  from  an  office  to  which  I 
had  been  twice  elected  by  the  sovereign  people 
of  this  State,  under  pretexts  more  flimsy  in  their 
character.  "80 

This  declination  was  felt  to  be  a  severe  blow 
to  the  Whig  party.  Harlan's  course  was  re- 


LAWYER  AND  COLLEGE  PRESIDENT    67 

ceived  with  sullen  silence  by  some,  with  out 
spoken  disapproval  by  others,  and  with  regret 
by  all.  Whig  lawyers  were  almost  unanimous 
in  the  opinion  that  the  age  of  the  nominee  would 
not  have  proved  a  constitutional  disqualifica 
tion.  Whigs  generally  believed  that  with  the 
eloquent  young  campaigner  at  the  head  of  their 
ticket  they  might  achieve  a  brilliant  victory,  and 
that  the  substitution  of  any  other  name  would 
mean  defeat.  James  L.  Thompson,  also  of  Iowa 
City,  was  selected  as  their  second  choice,  and  at 
the  election  in  August  the  Democratic  candi 
date,  Stephen  Hempstead,  was  elected  by  a 
majority  of  over  two  thousand  votes. 

Before  the  nomination  of  Thompson,  how 
ever,  an  effort  was  made  by  the  "Locofocos"  to 
stir  up  antagonism  between  the  friends  of  Har- 
lan  and  those  of  the  new  nominee.  The  editors 
of  the  Capital  Reporter,  the  Democratic  organ 
at  Iowa  City,  charged  Harlan  with  "duplicity, 
treachery  and  hypocrisy ' '  in  pretending  friend 
ship  for  Thompson  and  then  working  to  defeat 
his  nomination  in  the  Whig  convention.  Mr. 
Harlan  vigorously  denied  these  charges  in  an 
article  in  the  Whig  newspaper ;  and  Mr.  Thomp 
son  published  a  statement  completely  exoner 
ating  his  good  friend  and  sarcastically  thanking 
the  editors  of  the  Capital  Reporter  for  their 
unusual  interest  in  his  behalf.90  But  the  inci 
dent  is  an  illustration  of  the  malevolent  attacks 


68  JAMES  HARLAN 

which  James  Harlan  encountered  throughout 
his  entire  public  career. 

Although  Harlan  declined  the  nomination  for 
Governor,  he  did  not  refrain  from  taking  an 
active  part  in  the  campaign  in  support  of 
Thompson.  He  made  speeches  and  wrote  news 
paper  articles  whenever  the  opportunity  of 
fered,  and  especially  endeavored  to  arouse  the 
activity  of  the  Whigs  by  writing  a  circular 
letter  which  was  widely  distributed.91  A 
Fourth  of  July  oration  at  Iowa  City  also  en 
abled  him  to  give  expression  to  his  political 
philosophy.  Party  spirit,  national  immorality, 
and  human  slavery  were  declared  to  be  the  three 
great  dangers  then  threatening  the  welfare  of 
the  American  people.92  The  speaker's  predic 
tions  concerning  the  dire  consequences  of 
slavery  reveal  the  clear-sightedness  of  the  man 
who  later  was  such  a  staunch  defender  of  free 
dom  on  the  floor  of  the  United  States  Senate. 

In  September,  1850,  after  a  careful  examina 
tion,  James  Harlan  was  admitted  and  licensed 
"to  practice  as  an  Attorney  and  Counsellor  at 
law  and  Solicitor  in  Chancery  in  any  of  the 
Courts  of  Record  of  this  State.  "93  Profes 
sional  business  at  first  came  slowly,  but  he 
"endeavored  to  attend  to  such  as  did  come 
promptly  and  efficiently,  to  be  thoroughly  pre 
pared  in  every  case  which  came  to  trial  either 
before  a  justice  of  the  peace  or  the  district 


LAWYER  AND  COLLEGE  PRESIDENT    69 

court",  and  thus  in  time  lie  built  up  a  substan 
tial  practice.  But  he  found  it  impossible  to 
withdraw  from  '  '  participation  in  outside  dis 
cussions  and  enterprises  which  a  wise  regard 
for  professional  advancement  would  have  dic 
tated.  "  He  was  a  man  of  strong  convictions, 
and  as  he  writes,  it  was  difficult  for  him  "to  live 
in  a  community  and  not  become  an  active 
worker  for  whatever  its  welfare  ' '  seemed  to  re 
quire  at  his  hands.94 

Among  the  public  discussions  in  which  Harlan 
took  part  was  one  which  occurred  shortly  after 
his  admission  to  the  bar.  He  engaged  in  a 
sharp  newspaper  controversy  with  Le  Grand 
Byington  over  a  proposed  railroad  connecting 
Iowa  City  with  the  Mississippi  —  a  controversy 
begun  by  a  card  from  Harlan  correcting  a  pub 
lished  report  that  he  and  Judge  William  H. 
Henderson  had  declined  to  act  as  committeemen 
to  devise  ways  and  means  for  the  proposed  rail 
road  because  they  were  not  in  sympathy  with 
the  project.  The  controversy  developed  into  a 
discussion  of  Whig  and  Democratic  attitudes 
toward  internal  improvements.  Harlan  held 
that  the  plan  was  simply  impracticable  without 
the  aid  of  eastern  capital  and  that  such  aid 
could  not  be  enlisted  at  that  time.  The  dis 
putants  evinced  deep  feeling  and  little  respect 
for  each  other.95 

Scarcely  had  this  war  of  words  been  brought 


70  JAMES  HARLAN 

to  a  close  when  the  question  of  a  candidate  for 
State  Superintendent  against  Benton  was  con 
sidered  by  the  Whigs,  and  Harlan  was  again 
compelled  to  disappoint  his  friends  by  refusing 
to  accept  the  nomination  if  tendered  to  him.  He 
was  well  entered  upon  the  practice  of  law  and 
felt  that  he  could  not  afford  to  abandon  his 
profession  for  the  canvass,  much  less  for  three 
years  of  service  if  elected.  During  the  cam 
paign,  however,  he  wrote  several  editorials  for 
the  Iowa  City  Republican  in  support  of  the 
Whig  nominee,  William  Gr.  Woodward.  He  un 
sparingly  arraigned  Benton  for  accepting  an 
office  with  a  commission  which  was  beclouded 
by  fraud,  and  censured  him  for  negligent  and 
unwise  trusteeship  of  the  school  fund  and  for 
failure  to  perform  his  duty  in  other  respects. 
The  editorials  were  written  in  the  direct-attack 
and  explanation-demanding  style  of  fifty  years 
ago;  and  notwithstanding  the  author 's  dis 
claimer  they  reveal  touches  of  personal  resent 
ment.  "I  had  come  to  think  of  him  [Benton] 
simply  as  a  politician  of  the  opposing  party, 
wrhose  official  acts  were  proper  subjects  for  fair 
criticism ",  says  Harlan.90  In  spite  of  all  oppo 
sition,  however,  Thomas  H.  Benton,  Jr.  was  re- 
elected  Superintendent  of  Public  Instruction. 

The  year  1851  and  the  early  part  of  1852 
passed  without  any  particular  disturbance  in 
Harlan 's  life  as  a  fairly  successful  lawyer.  In 


LAWYER  AND  COLLEGE  PRESIDENT    71 

December,  1851,  lie  participated  in  the  celebra 
tion  of  the  completion  of  the  Burlington  and  Mt. 
Pleasant  Plank  Eoad,  which  in  those  days  be 
fore  the  coming  of  the  railroads  seemed  "like 
the  breaking  of  the  blockade  of  a  beleaguered 
city. '  '97  During  this  year,  also,  his  law  practice 
had  become  sufficiently  remunerative  to  enable 
him,  in  partnership  with  a  neighbor,  William 
Crum,  to  purchase  and  improve  a  small  tract  of 
agricultural  land  on  the  west  bank  of  the  Iowa 
River  near  Iowa  City.98  In  February,  1852,  he 
was  admitted  to  practice  in  the  Supreme  Court 
of  Iowa,  and  his  first  case  at  that  bar  was  the 
case  of  Talbot  v.  De  Forest?9 

"I  prepared  an  elaborate  brief, "  Harlan 
wrote  many  years  later  when  recalling  this  case, 
"which  in  my  opinion  at  that  time,  was  con 
clusive  in  my  client's  favor;  and  my  opinion  of 
the  astuteness  of  the  Judges  who  decided  it  ad 
versely  to  his  interests,  was  not  flattering  to 
their  learning  and  legal  acumen!  I  preserved 
the  original  draft  of  this  brief,  and  have  just 
concluded  its  perusal.  And,  although  I  find  it 
creditable  in  the  manifestation  of  both  research 
and  logic,  I  am  now  amazed  that  I  should  have 
failed  to  perceive  the  real  legal  questions  in 
volved.  I  still  think,  however,  that  my  client's 
contention  was  just,  and  that  Blackstone's  aver 
ment  that i  Wherever  there  is  a  right,  there  is  a 
remedy',  if  true  in  theory,  was  not  practicable 
in  this  case."100 


72  JAMES   HARLAN 

In  September,  1852,  James  Harlan  entered 
upon  an  undertaking  which  was  seemingly  in 
consistent  with  the  practice  of  law.  A  year 
before,  under  the  spur  of  necessity  and  prompt 
ed  by  his  natural  love  for  out-door  life,  he  had 
applied  to  George  B.  Sargent,  the  Surveyor 
General  for  Wisconsin  and  Iowa,  for  the  posi 
tion  of  Deputy  Surveyor,  and  the  appointment 
had  been  delayed.  Harlan  had  learned  the  ele 
ments  of  surveying  early  in  life  under  the 
instruction  of  the  Kentucky  school-master, 
Jeremiah  Terry,  but  he  was  frank  to  admit  that 
it  was  as  much  political  influence  as  his  ability 
as  a  surveyor  which  gained  him  the  appoint 
ment.  He  was  assigned  to  a  field  on  the  head 
waters  of  the  Raccoon  Elver  in  what  is  now 
Carroll  County,  a  region  "many  miles  beyond 
the  most  advanced  frontier  settlement ' ',  and  his 
task  was  the  division  of  townships  into  sections. 

Although  the  season  was  already  well  ad 
vanced  when  the  appointment  was  made,  Harlan 
realized  "that  the  beautiful  autumnal  weather 
in  Iowa  some  years  extended  through  the  month 
of  December ",  and  hence  he  did  not  feel  justi 
fied  in  asking  for  an  extension  in  the  time  of  his 
contract.  Consequently  he  immediately  organ 
ized  a  party  of  men  and  purchased  horses,  a 
camp  outfit,  and  the  supplies  necessary  for 
carrying  on  the  work.  But  finding  it  impossible 
to  leave  Iowa  City  at  once  himself,  he  sent  the 


LAWYER  AND  COLLEGE  PRESIDENT    73 

party  out  under  the  direction  of  Stephen  H. 
Henderson.  For  several  days  the  men  pursued 
"  their  tedious  journey,  across  trackless  prai 
ries,  through  groves  of  roadless  timber  lands, 
and  across  unbridged  streams. "  They  finally 
succeeded  in  reaching  their  destination  and  be 
gan  work,  but  after  surveying  one  township 
they  were  driven  in  by  a  severe  snow  storm. 
The  camp  equipment  and  provisions  were  left  in 
charge  of  a  frontier  settler  and  the  party  turned 
their  faces  homeward,  reaching  Iowa  City  late 
in  November.  Operations  were  necessarily  sus 
pended  until  the  following  spring,  thereby 
entailing  a  severe  financial  loss  upon  Harlan, 
because  his  compensation  for  the  work  accom 
plished  was  not  sufficient  to  pay  the  wages  of 
the  men.101 

Meanwhile  the  presidential  campaign  of  1852 
was  being  waged  between  the  Whigs,  under  the 
leadership  of  Winfield  Scott  and  William  A. 
Graham,  and  the  Democrats,  with  Franklin 
Pierce  and  William  E.  King  at  their  head.  The 
Whigs  in  Iowa  remembering  the  eloquence  of 
the  young  Hoosier  made  frequent  calls  upon 
him  for  speeches  during  the  last  weeks  of  the 
campaign.  Harlan  responded  to  the  best  of  his 
ability  and  at  various  points  throughout  the 
State  propounded  the  leading  principles  of  the 
Whig  platform,  namely:  a  tariff  for  revenue 
with  incidental  protection  to  American  indus- 


74  JAMES  HARLAN 

tries,  internal  improvements  at  the  expense  of 
the  National  government,  the  re-charter  of  the 
National  Bank,  the  restriction  of  the  Presi 
dent's  veto  power,  non-interference  with  sla 
very  within  the  States,  and  the  distribution  of 
the  proceeds  of  the  sale  of  public  lands  among 
the  States.102 

It  was  not  until  April,  1853,  that  the  inter 
rupted  surveying  work  was  resumed.  Harlan 
employed  the  requisite  number  of  men,  includ 
ing  an  assistant  deputy  surveyor,  a  compass 
man,  two  chainmen,  one  flag-man,  and  a  team 
ster,  hunter  and  general  substitute.  A  contract 
was  entered  into  by  which  Harlan  agreed  to  pay 
each  of  these  men  fifteen  dollars  a  month,  while 
they  in  return  promised  to  remain  in  Harlan 's 
employ  until  the  task  to  which  he  was  assigned 
was  completed.  With  this  understanding  the 
party  left  Iowa  City  early  in  April  and  on  the 
sixteenth  day  of  the  month  began  work  at  the 
southeast  corner  of  what  is  now  Jackson  Town 
ship  in  Calhoun  County.  One  month  of  ener 
getic  work  was  sufficient  to  complete  the  survey 
of  the  five  townships  allotted  to  Harlan,  and 
the  party  returned  once  more  to  their  homes. 
"The  incidents  of  this  episode  in  my  life  history 
were  mostly  agreeable, "  writes  Harlan,  "and 
its  experiences  were  useful ;  but  not  pecuniarily 
remunerative. ' ' 103 

Shortly  after  his  return  to  Iowa  City  Mr. 


LAWYER  AND  COLLEGE  PRESIDENT    75 

Harlan  received  a  letter  which  resulted  a  few 
months  later  in  a  decided  change  in  his  plans. 
Several  times  during  the  past  year  he  had  re 
ceived  letters  from  the  trustees  of  the  Mt. 
Pleasant  Collegiate  Institute  (now  Iowa  Wes- 
leyan  University)  urging  him  to  accept  the 
presidency  or  principalship  of  that  institution. 
It  was  a  small  school  of  little  better  than  pre 
paratory  grade,  and  at  first  the  prospect  was 
not  sufficiently  attractive  to  lure  him  from  his 
growing  law  practice.  But  the  instinct  of  the 
educator  was  strong  within  him  and  finally  he 
promised  to  go  to  Mt.  Pleasant  and  investigate 
the  situation. 

After  preparing  the  report  of  his  surveying 
operations  and  making  certain  corrections  in 
some  of  the  lines  which  his  men  had  run,  he 
drove  to  Mt.  Pleasant  and  met  with  the  Board 
of  Trustees.  They  informed  him  that  they 
owned  twenty  acres  of  ground  and  a  commodi 
ous  two-story  brick  building,  that  they  were 
free  from  debt  and  had  a  school  of  fifty  or  sixty 
pupils,  and  that  with  proper  management 
the  number  would  rapidly  increase.  They 
proposed  to  give  Harlan  entire  charge  of  the 
institution,  with  the  understanding  that  he 
should  employ  all  of  his  assistants,  collect  tui 
tion  and  other  funds,  pay  all  expenses,  and 
retain  the  remainder  as  his  own  compensation. 
The  plan  thus  outlined  was  unsatisfactory  to 


76  JAMES   HARLAN 

Harlan,  and  lie  frankly  told  the  board  that 
unless  they  would  agree  to  do  much  more  than 
they  had  proposed  he  could  not  accept  the 
presidency.  He  had  supposed  that  they  intend 
ed  to  establish  a  real  college,  capable  of  giving 
a  full  collegiate  course.  But  as  this  would  re 
quire  several  buildings,  adequate  scientific 
apparatus,  a  good  working  library  and  a  com 
petent  faculty,  there  must  be  some  other  source 
of  income  than  merely  the  tuition  of  the  stu 
dents.104 

The  breadth  of  James  Harlan 's  views  was  a 
revelation  to  the  Board  of  Trustees,  and  some 
of  the  members  were  inclined  to  doubt  the  prac 
ticability  of  putting  his  plan  into  operation. 
But  in  the  end  his  ideas  were  adopted  and  he 
was  engaged  as  president,  with  plenary  powers 
to  reorganize  the  college  and  place  it  upon  a 
substantial  basis.  It  was  with  no  little  inward 
struggle  that  he  made  what  seemed  to  his 
friends  a  long  step  backward  —  from  an  as 
sured  position  at  the  bar  in  the  capital  city  to 
the  presidency  of  a  small  educational  institu 
tion,  in  equipment  and  number  of  students 
scarcely  more  than  a  local  academy,  and  in  re 
sources  dependent  upon  tuition  fees  and  dona 
tions. 

Having  made  the  decision,  however,  the  new 
president  with  characteristic  energy  entered 
upon  his  work.  Financial  plans  were  discussed 


LAWYER  AND  COLLEGE  PRESIDENT    77 

with  Eev.  I.  I.  Stewart,  the  General  Agent  of 
the  school,  and  a  subscription  paper  was  drawn 
up  and  circulated  to  raise  money  for  the  erec 
tion  of  a  new  building.  It  was  not  an  easy  task 
to  secure  donations,  for  the  Iowa  of  that  day 
was  a  pioneer  region  and  the  population  was  for 
the  most  part  made  up  of  families  who  were 
struggling  to  earn  homes.  "As  I  now  remem 
ber,"  writes  Harlan,  "we  received  no  one  sub 
scription  which  exceeded  one  hundred  dollars; 
and  very  few  of  them  were  so  large.  Many  of 
them  did  not  exceed  five  dollars  each,  and  a 
considerable  number  were  smaller  than  that. 
But,  on  the  principle  that  '  farthings  make  pen 
nies,  and  pennies  make  pounds',  we  proceeded 
steadily  from  day  to  day  with  our  work  of 
soliciting, —  chiefly  by  domiciliary  visitation, 
making  slow  but  steady  progress,  during  the 
summer  and  autumn.  "105  Early  in  the  winter 
President  Harlan  removed  his  family  to  Mt. 
Pleasant. 

Under  the  impulse  given  by  the  reorganiza 
tion  the  school  took  on  new  life  and  the  number 
of  students  greatly  increased.  New  instructors 
were  chosen,  new  work  was  undertaken,  and  the 
school  began  to  take  on  the  actual  work  and 
dignity  of  a  college.106  The  limited  number  of 
instructors,  however,  made  it  necessary  that  the 
president  should  personally  hear  recitations 
every  hour  of  the  school  day.  He  was  not  only 


78  JAMES  HAUL  AN 

"President  of  the  Faculty ",  but  also  "Profes 
sor  of  Intellectual  Philosophy  and  Moral 
Science".  In  due  time  a  new  three-story  brick 
building  was  begun,  and  on  the  fourth  day  of 
July,  1854,  the  corner-stone  was  laid,  the  ad 
dress  being  delivered  by  the  President.  Harlan 
became  so  much  interested  in  his  work  that  the 
suggestion  of  friends  that  he  should  be  a  candi 
date  for  the  Whig  nomination  for  Governor 
received  no  serious  consideration. 

The  one  drawback  to  President  Harlan 's 
perfect  enjoyment  of  his  work  was  his  uncertain 
health,  which  had  become  a  source  of  anxiety  to 
his  family  and  friends.  Indoor  life  and  the 
intense  nervous  strain  under  which  he  had 
labored  much  of  the  time  since  coming  to  Iowa 
had  undermined  his  health  to  such  an  extent 
that  he  firmly  believed  he  was  in  the  early  stages 
of  consumption.  Nevertheless,  he  determined 
to  devote  his  best  energies,  during  the  short 
time  which  he  felt  remained  for  him,  to  the  up 
building  of  the  college.  And  so,  throughout  the 
year  1854  he  labored  untiringly  and  with  such 
success  that  he  secured  the  active  support  of 
the  Iowa  Conference  of  the  Methodist  Episcopal 
Church  to  the  exclusion  of  representatives  from 
Northwestern  University,  who  had  been  endeav 
oring  to  secure  aid  among  the  Iowa  churches.107 


VIII 

FIRST  ELECTION  TO  THE  SENATE 

THE  year  during  which  James  Harlan  was 
laboring  to  place  the  Mt.  Pleasant  college  on  a 
firm  foundation  was  a  year  of  great  significance 
in  the  annals  of  the  Nation.  A  movement  of 
protest  against  the  encroachments  of  the  slave 
power  in  the  free  territories  of  the  West  was 
sweeping  over  the  country,  threatening  the  very 
life  of  "the  divine  institution "  by  denying  it 
the  right  to  grow.  The  issue  became  well  de 
fined  in  1854,  when  an  act  passed  Congress 
organizing  the  Territories  of  Kansas  and 
Nebraska  and  declaring  that  the  Missouri  Com 
promise  was  inoperative  and  void  in  the  newly 
created  Territories.  This  clause  was  a  direct 
challenge  to  the  opponents  of  slavery,  and  the 
bitterness  of  the  discussion  which  followed  was 
without  parallel  in  the  Nation's  history.  In  the 
Territories  immediately  affected  the  antago 
nism  between  the  friends  of  freedom  and  the 
champions  of  slavery  passed  from  words  to 
blows,  bloodshed,  and  devastation.  The  eyes  of 
the  Nation  were  intently  fixed  on  "bleeding 

79 


80  JAMES   HARLAN 

Kansas"  and  the  scarcely  less  unhappy  Terri 
tory  of  Nebraska.  To  the  people  of  Iowa, 
especially,  the  struggle  was  of  real  and  vital 
interest,  and  1854  was  a  year  of  great  political 
excitement. 

Here  was  an  issue  to  command  the  young 
educator's  profound  attention  and  arouse  his 
deepest  sympathy.  Born  in  an  atmosphere  of 
hostility  to  slavery,  living  among  pioneers  to 
whom  freedom  was  a  word  big  with  meaning, 
and  educated  under  the  influence  of  Matthew 
Simpson,  James  Harlan's  antagonism  to  sla 
very,  intensified  by  his  brief,  first-hand  study  of 
the  system  in  Missouri,  had  become  a  part  of 
the  mental  and  moral  fiber  of  his  being. 

It  was  in  the  campaign  of  1854  that  the  Re 
publican  party  in  Iowa  was  born.  A  Governor 
and  other  State  officers  were  to  be  chosen,  and 
in  the  campaign  the  Democratic  party,  which 
had  held  almost  unbroken  sway  since  the  organ 
ization  of  the  Territory  in  1838,  found  itself 
confronted  by  a  new  and  dangerous  coalition. 
The  anti-slavery  Whigs  and  Democrats  and  the 
original  Free-Soilers  and  Abolitionists  had 
found  common  ground  in  their  opposition  to 
Douglas's  measure,  and  they  banded  themselves 
together  under  the  name  of  the  Anti-Kansas- 
Nebraska  party,  soon  afterward  adopting  the 
name  "Republican".  They  chose  as  their  can 
didate  for  Governor  James  W.  Grimes,  a  man  in 


FIRST  ELECTION  TO  SENATE  81 

the  prime  of  life,  brave  to  the  point  of  audacity, 
imbued  with  the  righteousness  of  his  cause,  and 
impressed  with  the  necessity  of  stemming  the 
pro-slavery  tide  which  was  sweeping  over  the 
Territories.  He  entered  into  the  campaign  with 
zeal  and  earnestness,  and  in  an  address  to  the 
people  of  Iowa  declared  that  he  would  "war  and 
war  continually  against  the  abandonment  to 
slavery  of  a  single  foot  of  soil  now  consecrated 
to  freedom."108  Grimes  and  the  other  Anti- 
Kansas-Nebraska  candidates  were  carried  into 
office  by  large  majorities,  and  the  legislature 
was  also  anti-Democratic. 

"This  political  revolution",  wrote  James 
Harlan  many  years  later,  i  i  seemed  to  open  the 
way  for  the  transfer  of  many  desirable  official 
positions  from  the  Democracy  to  the  possession 
of  members  of  this  new  organization,  which  the 
latter  were  not  reluctant  to  acquire.  The  most 
coveted  of  these  official  ' plums'  were  the  three 
Judgeships  constituting  the  Supreme  Court  of 
the  State,  and  one  seat  in  the  Senate  of  the 
United  States,  then  occupied  by  Hon.  Augustus 
C.  Dodge,  whose  term  of  service  would  expire 
March  4, 1855.  "109  The  names  of  several  prom 
inent  Whigs  were  early  mentioned  for  the  sena- 
torship,  and  shortly  before  the  meeting  of  the 
legislature  James  Harlan  was  surprised  to  find 
his  own  name  mentioned  in  this  connection. 
"I  had  not  thought  of  the  position  as  either 


82  JAMES  HARLAN 

possible  or  desirable  for  me",  writes  Harlan. 
"My  name  had  never,  at  any  time,  been  coupled 
with  it  in  my  own  thoughts,  or  as  far  as  I  then 
knew  by  anybody  else,  until  a  short  time  before 
the  date  fixed  by  law  for  the  assembling  of  the 
members  of  the  General  Assembly  .... 
when  Colonel  Laurin  Dewey,  of  Mt.  Pleasant, 
Iowa,  in  a  private  conversation  with  me,  cas 
ually  remarked  that  I  ought  to  be  the  next 
United  States  Senator  from  our  State.  I  was 
both  surprised  and  annoyed.  It  seemed  to  me 
an  attempt  at  flattery  too  extravagant  to  be 
agreeable  ".110 

Dewey,  however,  assured  Harlan  of  his  ear 
nestness,  and  within  the  next  few  days  other 
friends,  including  Alvin  Saunders  and  Samuel 
McFarland,  approached  him  on  the  same  sub 
ject.  Saunders  and  McFarland  were  both  mem 
bers  of  the  legislature,  the  one  in  the  Senate  and 
the  other  in  the  House,  and  their  suggestions 
had  special  significance.  Saunders  reviewed  the 
situation  thoroughly  and  in  the  end  secured  per 
mission  to  present  Harlan 's  name  in  case  there 
seemed  to  be  "a  good  chance "  for  him  to  win.111 

To  James  Harlan  the  possibility  that  he 
would  be  the  choice  of  the  new  party  seemed 
very  slight,  in  view  of  the  large  number  of  men 
who  were  mentioned  for  the  place,  many  of 
whom  he  considered  well  qualified.  In  the  first 
place,  there  was  Fitz  Henry  Warren,  a  skillful 


FIRST  ELECTION  TO  SENATE  83 

platform-maker  and  a  leader  in  conventions. 
He  had  served  as  Chairman  of  the  old  Whig 
State  Central  Committee,  as  First  Assistant 
Postmaster  General  under  the  Fillmore  admin 
istration,  and  as  the  Iowa  member  of  the  Whig 
national  campaign  committee  in  the  preceding 
presidential  campaign.  Consequently  he  was 
regarded  by  Harlan  as  the  "logical  candidate " 
of  his  party,  and  until  the  meeting  of  the  legis 
lature  he  was  the  man  most  frequently  spoken 
of  in  connection  with  the  senatorship.  Besides 
Warren  there  were  other  veterans  of  many  a 
political  contest  who  seemed  to  the  modest 
Harlan  far  more  deserving  of  the  honor  than 
himself.  Timothy  Davis  of  Dubuque,  Ebenezer 
and  John  P.  Cook  of  Davenport,  Jacob  Butler 
and  Stephen  Whicher  of  Muscatine,  Francis 
Springer  of  Wapello,  James  W.  Grimes  and  his 
law  partner,  Henry  W.  Starr,  of  Burlington, 
James  B.  Howell  of  Keokuk,  and  George  G. 
Wright  of  Keosauqua,  all  had  their  advocates 
and  could  all  lay  claim  to  reward  at  the  hands 
of  their  party. 

The  General  Assembly  convened  at  Iowa  City 
on  December  4,  1854,  and  the  senatorial  ques 
tion  became  the  main  topic  of  discussion. 
About  ten  days  later  James  Harlan  was  sur 
prised  to  receive  word  that  he  had  been  nom 
inated  by  the  Anti-Nebraska  members  of  the 
legislature  as  their  candidate  for  United  States 


84  JAMES  HARLAN 

Senator.  He  was  informed,  however,  that  "an 
election  was  not  certain  to  follow,  as  was  usual 
in  such  cases,  for  the  reason  that  the  Democratic 
members  and  a  few  bolting  Whig  members  had 
apparently  formed  a  combination  to  prevent  it, 
with  the  hope  of  ultimately  electing  one  of  their 
own  number;  and  that  when  so  combined,  they 
constituted  a  majority."112  In  fact,  on  Decem 
ber  13th,  the  day  on  which  Harlan  received  the 
nomination,  the  two  houses  had  met  in  joint 
convention  for  the  purpose  of  electing  a  Sena 
tor,  and  two  ineffectual  ballots  were  taken.  In 
each  case  the  votes  were  divided  between  a 
large  number  of  candidates,  Augustus  Caesar 
Dodge,  the  Democratic  nominee,  receiving  the 
highest  number  of  votes  each  time.113 

The  scattered  vote  in  the  joint  convention 
taught  the  Anti-Nebraska  forces  the  need  of 
organization  and  the  selection  of  a  definite  can 
didate.  Consequently  they  held  a  caucus  on  the 
evening  of  December  13.  A  number  of  old-line 
Whigs  refused  to  attend,  because  they  feared 
the  nomination  of  Fitz  Henry  Warren,  who  was 
particularly  distasteful  to  them.  The  general 
expectation  was  that  either  Warren  or  Ebenezer 
Cook  would  be  the  choice  of  the  caucus,  with  the 
chances  in  favor  of  Warren.  But  to  the  sur 
prise  of  nearly  everyone,  on  the  seventh  ballot 
James  Harlan,  whose  name  had  scarcely  been 
mentioned,  was  nominated  by  a  majority  of 


FIRST  ELECTION  TO  SENATE  85 

thirteen  votes  over  Fitz  Henry  Warren.114  It 
is  pleasant  to  note  that  although  sorely  dis 
appointed  at  the  defeat  of  their  favorite  the 
Warren  men,  at  the  suggestion  of  their  leader, 
came  loyally  to  Harlan 's  support  during  the 
remainder  of  the  contest.  It  was  the  opinion  of 
many  people,  however,  that  Harlan  would  not 
be  any  more  acceptable  to  the  bolting  Whigs 
than  Warren,115  and  succeeding  events  proved 
this  opinion  well  grounded. 

The  legislature  met  again  in  joint  session  on 
the  morning  of  December  14,  and  in  spite  of  the 
fact  that  both  parties  had  held  caucuses  on  the 
night  before,  five  men  were  named  for  Senator, 
namely:  James  Harlan,  Augustus  Caesar 
Dodge,  Edward  Johnstone,  Ebenezer  Cook,  and 
Joseph  H.  D.  Street.  But  before  a  ballot  could 
be  taken  a  few  disgruntled  Whigs  led  by  Milton 
D.  Browning,  who  seems  to  have  had  his  own 
aspirations  for  the  senatorship,  suggested  the 
propriety  of  questioning  the  candidates  as  to 
their  views  on  the  great  topics  of  the  day.  One 
member  stated  that  Harlan  was  in  favor  of 
amending  the  fugitive  slave  law,  while  another 
declared  that  he  was  a  strong  abolitionist  and 
was  opposed  to  the  Compromise  of  1850.116 
After  a  rambling  discussion,  the  object  of  which 
was  clearly  to  cause  delay,  the  joint  convention 
adjourned  until  the  following  Thursday. 
" There  is  no  knowing  what  will  be  done", 


86  JAMES  HARLAN 

wrote  Samuel  McFarland  to  Harlan.  "The 
Locos  &  Browning  are  moving  heaven  and 
earth  to  defeat  any  good  WHIG.  ...  If 
we  could  have  got  a  ballot  this  morning  I  think 
you  would  have  been  elected.  "117 

In  order  that  their  solicitude  regarding 
Harlan 's  views  on  public  questions  might  ap 
pear  real,  the  Browning  Whigs,  together  with  a 
number  of  Democrats,  prepared  a  set  of  ques 
tions  and  sent  them  to  the  Mt.  Pleasant  candi 
date.  The  questions  were  nine  in  number  and 
were  intended  to  bring  out  Harlan 's  attitude 
toward  the  Fugitive  Slave  Law  and  its  repeal 
or  modification,  the  further  agitation  of  the 
slavery  question,  Seward's  "Higher  Law  Doc 
trine  ",  the  right  of  Congress  to  admit  additional 
slave  States,  and  the  binding  force  of  decisions 
of  the  Supreme  Court  of  the  United  States.118 
"Of  course  I  knew",  writes  Harlan,  "that  the 
foregoing  interrogatories  had  been  prepared 
and  presented  to  me,  in  behalf  of  Democratic 
and  a  few  old  line  Whig  members  of  the  Gen 
eral  Assembly  simply  as  a  political  trap:  that 
the  signers  did  not  intend  to  vote  for  me  in  any 
contingency.  They,  no  doubt,  thought  that  any 
answer  that  it  might  be  possible  for  me  to  give 
would  aid  them  in  securing  my  defeat".119 

Accordingly  Harlan  decided  to  go  to  Iowa 
City  "and  give  anyone  who  might  desire  it  an 
opportunity  to  interview"  him  personally,  in- 


FIRST  ELECTION  TO  SENATE  87 

stead  of  making  a  public  reply.  At  the  same 
time  he  drew  up  a  formal  letter  to  be  used  in 
case  there  was  need  of  it,  in  which  he  declared 
that  "if  elected  to  the  Senate  of  the  United 
States,  in  all  Constitutional  questions  that 
might  arise,  I  would  expect  to  be  guided  in  my 
action  by  the  decisions  of  the  Supreme  Court 
and  the  well  settled  principles  of  Constitutional 
Law  —  in  all  questions  of  Legislative  Expedi 
ency,  by  the  views  and  wishes  of  the  Legislature 
and  people  of  Iowa  —  and  in  all  questions  of 
Conscience  by  the  Bible. ' '  12° 

Mr.  Harlan's  course  suggests  the  wisdom  of 
a  man  thoroughly  trained  in  the  school  of  pol 
itics.  By  offering  to  meet  the  individual  in 
quirers  face  to  face,  assuming  their  good  faith 
and  honest  interest  in  the  questions  raised,  he 
disarmed  them  and  left  in  their  hands  no  weap 
ons  with  which  to  attack  him. 

The  joint  convention  met  for  a  third  time  on 
December  21,  1854,  and  during  the  day  three 
ballots  were  taken  for  United  States  Senator. 
Harlan  received  the  largest  number  of  votes 
on  each  ballot,  but  each  time  he  failed  to  re 
ceive  the  fifty  votes  necessary  to  a  choice. 
Augustus  Caesar  Dodge  who  had  thus  far  re 
ceived  the  Democratic  support,  asked  that  his 
name  be  withdrawn  after  the  first  ballot,  and 
his  followers  divided  their  votes  among 
Thomas  W.  Claggett,  Bernhart  Henn,  Thomas 


88  JAMES  HARLAN 

H.  Benton,  Jr.,  and  others.  The  bolting  Whigs 
for  the  most  part  continued  to  rally  around 
Ebenezer  Cook,  and  thus  the  deadlock  con 
tinued.  Finally  the  convention  adjourned  to 
meet  again  on  the  fifth  day  of  January.121  On 
that  day  three  more  ballots  were  taken  with  no 
effect,  Harlan  lacking  three  or  four  votes  of 
being  elected,  and  again  the  joint  convention 
adjourned  until  the  following  morning.122 

On  Saturday,  January  6,  1855,  the  hall  of  the 
House  of  Representatives  was  the  scene  of  a 
strange  procedure.  It  had  become  evident  to 
the  Democrats,  who  had  a  majority  of  one  in 
the  Senate,  that  the  end  of  the  contest  was 
drawing  nigh  and  that  James  Harlan  would  be 
elected.  So,  in  the  hope  of  at  least  causing 
further  delay,  the  Senate  hurriedly  adjourned 
on  the  morning  of  January  6th,  and  when  a 
committee  appeared  to  inform  that  body  that 
the  House  was  ready  to  meet  in  joint  conven 
tion,  no  Senate  was  to  be  found.  Nevertheless, 
a  number  of  Senators,  without  their  President, 
entered  the  hall  of  the  House  and  took  their 
seats.  The  Speaker  announced  that  the  joint 
convention  was  in  session  pursuant  to  adjourn 
ment,  and  immediately  a  tumult  burst  out.  Men 
rose  in  all  parts  of  the  hall,  calling  for  order, 
shouting  that  the  convention  was  not  in  session 
because  the  Senate  was  not  present  as  an  of 
ficial  body,  and  endeavoring  to  nominate  a 


FIRST  ELECTION  TO  SENATE  89 

presiding  officer.  The  chairman  and  the  clerks 
vainly  endeavored  to  make  themselves  heard, 
until  the  Democrats,  finding  themselves  out 
numbered,  withdrew  from  the  hall.123 

The  members  who  remained  then  proceeded 
to  elect  a  President  pro  tern,  and  the  Sergeant- 
at-Arms  was  instructed  to  notify  the  forty-four 
absentees  that  the  convention  was  organized 
and  ready  to  proceed  with  the  election.  After 
opportunity  had  been  given  the  missing  mem 
bers  to  put  in  their  appearance  a  ballot  was 
taken  and  it  was  found  that  Harlan  had  re 
ceived  fifty-two  votes  —  a  majority  of  all  the 
votes  cast  and  a  majority  of  the  members  of 
the  General  Assembly.  James  Harlan  was 
therefore  declared  duly  elected  a  United  States 
Senator  from  the  State  of  Iowa  for  the  term  of 
six  years,  beginning  March  4,  1855.124 

The  election  was  plainly  accomplished  in  an 
irregular  manner,  but  whether  or  not  it  was 
legal  and  valid  was  a  question  which  gave  rise 
to  much  discussion,  both  in  the  legislative  halls 
and  in  the  newspapers  of  the  State.  The  Demo 
crats  in  the  legislature,  who  had  been  respon 
sible  for  the  irregularity  because  of  their 
refusal  to  meet  at  the  appointed  time,  drew  up 
protests  against  Harlan 's  election  and  entered 
them  upon  the  journals.125  Thus  the  basis  of  a 
contest  was  established  and  it  was  left  to  the 
Senate  of  the  United  States  to  pass  final  judg 
ment. 


IX 

FIKST  WINTER  IN  WASHINGTON 

JAMES  HARLAN,  at  the  age  of  thirty-five,  found 
himself  on  the  threshold  of  a  great  opportunity. 
With  a  contest  before  him,  but  with  a  majority 
of  the  voters  of  his  State  heartily  supporting 
him,  he  had  little  to  fear  from  the  opposition. 
His  misgivings  were  mostly  concentrated  on 
himself,  for  he  keenly  felt  his  inexperience  and 
gravely  questioned  his  ability  to  "measure  up" 
with  the  strong  men  who  constituted  the  Re 
publican  minority  in  the  United  States  Senate. 
During  the  time  intervening  between  his 
election  and  his  departure  for  Washington, 
Senator  Harlan  was  busily  occupied.  He  con 
tinued  to  take  an  active  interest  and  part  in  his 
college  work,  although  he  had  resigned  from  the 
presidency  and  was  succeeded  by  his  friend  and 
colleague,  Dr.  Lucien  W.  Berry.  On  July  4th 
he  delivered  an  address  at  Marion  which  re 
veals  his  intense  earnestness  and  his  firm  grasp 
of  the  great  problem  then  confronting  the 
Nation.  Later  in  the  same  month  he  journeyed 
to  Greencastle,  Indiana,  and  delivered  the  ad- 


FIRST  WINTER  IN  WASHINGTON        91 

dress  at  the  "Quinquennial  Celebration'7  of  the 
Platonean  Literary  Society  at  "Old  Asbury". 
Returning  to  Iowa  after  a  brief  visit  in  Indiana, 
he  received  "an  indication  of  the  mellowing 
influence  of  the  elections"  in  the  shape  of  a 
formal  call  from  George  W.  Jones,  his  Demo 
cratic  colleague  in  the  Senate,  who  came  to  Mt. 
Pleasant  in  a  coach  and  four.  In  October, 
hoping  that  outdoor  life  would  benefit  his 
health,  he  accompanied  a  number  of  friends  on 
a  land-hunting  trip  in  an  open  wagon  across 
the  country  to  Council  Bluffs  and  eastern  Ne 
braska,  and  found  much  to  interest  him  in  the 
unsettled  western  country. 

During  this  year,  also,  James  Harlan  began 
to  lay  the  foundations  of  that  far-reaching  in 
fluence  which  made  him  such  a  power  in  Iowa 
politics  during  the  succeeding  two  decades. 
He  opened  correspondence  with  "active,  capa 
ble,  discreet,  patriotic"  Eepublicans  in  every 
county-seat  and  in  other  towns  of  any  consider 
able  size,  and  through  them  with  local  leaders 
in  nearly  every  voting  precinct.  This  cor 
respondence  thus  begun,  while  involving  a  vast 
amount  of  labor,  not  only  enabled  Harlan  to 
feel  the  political  pulse  of  his  constituents 
throughout  his  senatorial  career,  but  also  bound 
to  him  a  large  army  of  loyal  supporters  in  all 
portions  of  the  State.  Furthermore,  it  is  an 
instance  of  the  thorough  organization  which 


<)2  JAMES  IIARLAN 

characterized  the  Republican  party  in  Iowa 
during  its  early  years.120 

Late  in  November  Senator  Harlan  set  out  on 
the  long  and  tedious  journey  to  Washington, 
going  by  mail  coach  from  Mt.  Pleasant  to 
Burlington  and  thence  by  rail  through  Chicago, 
Indianapolis,  Columbus,  Pittsburgh,  and  Balti 
more.  There  were,  in  those  days,  no  through 
trains  to  the  East  from  Chicago,  but  the  line 
"was  owned  and  operated  by  numerous  separ 
ate  companies,  totally  independent  of  each 
other;  subjecting  travelers  to  frequent,  and 
sometimes  long  delays,  at  the  termini  of  the 
several  sections  composing  the  whole  line."  In 
fact  it  was  not  until  November  27th  that  Harlan 
arrived  in  Washington,  the  journey  having 
occupied  nearly  six  days. 

"I  made  this  journey  under  considerable  de 
pression  of  feeling",  he  writes.  "My  health 
was  so  bad  as  to  lead  me  to  think  I  would  not 
live  longer  than  a  year  or  two."  Though  his 
financial  condition  was  "not  desperate",  his 
means  were  limited.  "And  I  came",  he  con 
tinues,  "to  fight  a  battle  for  my  right  to  a  seat 
in  a  body  of  eminent  statesmen  a  large  majority 
of  whom  were  politically  hostile  to  my  claim; 
and  all  of  whom,  except  my  colleague,  were 
total  strangers  ....  And  I  was  affiliated 
with  a  new  party  then  just  forming,  to  which 
the  old  Whig  and  Democratic  parties  were  bit- 


FIRST  WINTER  IN  WASHINGTON        93 

terly  hostile".  Outside  of  the  little  coterie  of 
Bepublican  Congressmen  and  their  families 
there  were  said  to  be  not  more  than  a  half-dozen 
anti-slavery  people  in  the  District  of  Columbia, 
and  these  were  "in  constant  danger  of  being 
mobbed  and  driven  from  the  capital  city. ' ' 127 

On  December  3,  1855,  the  oath  of  office  was 
administered  to  James  Harlan  and  he  took  his 
seat  in  a  body  made  famous  by  the  presence  of 
such  men  as  Charles  Sumner,  William  H. 
Seward,  William  P.  Fessenden,  John  P.  Hale, 
Hamilton  Fish,  Hannibal  Hamlin,  Benjamin  F. 
Wade,  John  J.  Crittenden,  Lyman  Trumbull, 
Lewis  Cass,  Eobert  Toombs,  Judah  P.  Benja 
min,  Stephen  A.  Douglas,  and  Samuel  Houston. 
Harlan 's  credentials  were  presented  by  his 
colleague,  Senator  George  W.  Jones,  who  called 
attention  to  the  protest  of  the  Iowa  Senate 
which  had  been  received  during  the  preceding 
session  of  Congress.  Jones  declared,  however, 
that  he  was  anxious  to  have  Harlan 's  cooper 
ation  and  therefore  urged  that  he  be  sworn  in 
and  the  question  of  his  right  to  a  seat  be  de 
cided  later.128  As  a  matter  of  fact  it  was  more 
than  eight  months  before  the  subject  was  again 
mentioned  in  the  Senate. 

The  new  Senator  from  Iowa  was  placed  on 
two  committees,  the  Committee  on  Agriculture 
and  the  Committee  on  Manufactures,  neither  of 
which  ranked  very  high  at  that  time.  He  was 


94  JAMES   HARLAN 

fifth  and  last  on  the  Committee  on  Agriculture, 
but  he  ' '  furnished  it  with  the  only  item  of  busi 
ness  it  ever  transacted "  while  he  remained  a 
member.  Harlan  early  endeavored  to  acquaint 
himself  with  the  various  governmental  officials 
and  their  work.  Among  those  whom  he  met 
was  Lieutenant  M.  F.  Maury,  Superintendent 
of  the  Government  Naval  Observatory.  It  was 
Lieutenant  Maury  who  made  the  suggestion 
which  led  to  the  establishment  of  the  system  of 
meteorological  observations  at  sea,  and  Harlan 
became  much  interested  in  the  success  and 
practical  value  of  that  work.  It  occurred  to 
him  that  similar  government  observations  on 
land  would  be  of  immense  service,  especially  to 
the  farmers,  and  so,  with  the  consent  of  the 
Committee  on  Agriculture,  he  prepared  and 
presented  an  exhaustive  report,  together  with 
a  bill  "To  extend  and  encourage,  for  the  benefit 
of  agriculture,  and  other  pursuits,  the  meteor 
ological  investigations  of  the  National  Observa 
tory  and  Hydrographical  Office. "  Although 
this  first  attempt  at  constructive  statesmanship 
was  not  even  permitted  a  hearing,  its  originator 
took  not  a  little  satisfaction,  years  afterward, 
in  the  consciousness  that  it  became  the  basis  of 
Weather  Bureau  legislation.129 

Aside  from  this  report  and  bill,  however, 
Senator  Harlan  took  little  part  in  the  proceed 
ings  of  the  Senate  during  his  first  three  months 


FIRST  WINTER  IN  WASHINGTON        95 

in  Washington.  He  spent  his  time  largely  in 
preparing  for  the  great  debates  on  the  slavery 
question  which  he  knew  were  bound  to  come, 
especially  in  connection  with  the  situation  in 
Kansas.  He  made  a  careful  study  of  court 
decisions,  and  collected  and  collated  a  great 
deal  of  other  material  bearing  upon  the  subject. 
Meanwhile  he  kept  up  his  extensive  correspond 
ence  with  his  constituents  in  Iowa  and  in 
February  wrote  a  letter  which  was  read  at  the 
State  convention  of  the  newly  formed  Kepub- 
lican  party  in  Iowa  and  became  the  key-note  of 
the  platform  adopted  at  that  time.  A  little  later 
in  the  same  month  he  introduced  a  bill  relative 
to  the  five  per  centum  on  the  public  lands  in 
Iowa,  and  made  a  short  speech  in  support  of  the 
bill.130 

The  opportunity  for  which  James  Harlan  had 
been  preparing  came  when  a  "Bill  to  authorize 
the  people  of  Kansas  to  form  a  constitution  and 
State  government  preparatory  to  their  admis 
sion  into  the  Union ' '  came  up  for  consideration 
in  the  Senate  sitting  as  a  committee  of  the 
whole.  On  March  27,  1856,  he  gained  the  floor 
and  spoke  for  two  hours,  compelling  the  atten 
tion  and  respect  of  both  friends  and  foes.  "I 
was  greatly  embarrassed;  and  trembled  as  if 
suffering  with  a  fit  of  ague",  he  writes,  in  re 
calling  his  first  important  speech  in  the  Senate. 
"I  was  just  two  hours  in  the  delivery;  and  of 


96  JAMES  HARLAN 

course  had  the  sympathy  of  all  the  Republicans 
in  the  Senate.  Mr.  Charles  Sumner  manifested 
an  interest  that  I  could  never  forget.  As  I 
proceeded  with  my  speech  he  walked  slowly 
past  me  in  the  rear  of  the  desk  ....  and 
whispered  'You  are  doing  well  —  moderate 
your  voice7;  and  a  little  later — 'You  are  suc 
ceeding  admirably;  we  are  all  delighted.'  And 
I  need  not  say  how  grateful  this  unexpected 
encouragement  was  to  my  feelings."131 

Harlan  opened  his  speech  by  stating  that  he 
had  always  been  opposed  to  agitating  the  sla 
very  question,  believing  that  its  discussion  was 
"useless,  mischievous,  and  even  dangerous  to 
the  perpetuity  of  the  Union."  But  since  the 
President  had  forced  the  question  on  Congress, 
that  body  could  not  now  avoid  a  discussion  of 
the  subject  "without  a  manifestation  of  great 
disrespect  for  the  Chief  Magistrate  of  the  na 
tion,  and  his  friends  and  supporters."  He  then 
declared  that  there  was  abundant  evidence  to 
prove  that  perjury,  usurpation,  force,  and  fraud 
were  being  practiced  in  Kansas  by  the  slavery 
element  in  the  Territory,  but  more  especially 
by  the  border  ruffians  from  Missouri.  With 
this  introduction  he  plunged  into  the  question 
of  the  power  of  Congress  to  exclude  slavery 
from  the  Territories,  and  the  desirability  of 
exercising  that  power  in  Territories  where  sla 
very  had  not  previously  existed.  Both  ques- 


FIRST  WINTER  IN  WASHINGTON        97 

tions  he  argued  in  the  affirmative,  supporting 
his  arguments  by  historical  facts  and  logical 
conclusions.  He  pointed  out  the  fact  that  in 
the  organization  of  nearly  every  Territorial 
government  and  in  the  admission  of  a  large 
number  of  States  thus  far  Congress  had  as 
sumed  the  power  in  question,  and  he  insisted 
that  the  Government  of  the  United  States  had 
supreme  power  over  all  Territories  until  State 
governments  were  established.  Furthermore, 
he  contended  that  the  exercise  of  that  power  in 
connection  with  Kansas  was  demanded  by  all 
considerations  of  justice,  equality,  and  peaceful 
government.132 

At  the  close  of  his  speech  Senator  Harlan 
was  heartily  congratulated  by  his  Eepublican 
colleagues  and  by  a  number  of  Democrats,  in 
cluding  "old  Sam  Houston "  of  Texas.  And 
although  the  speech  was  only  one  among  many 
made  in  Congress  on  the  Kansas  question,  it 
apparently  made  a  very  favorable  impression 
upon  the  Republican  leaders  throughout  the 
country,  since  it,  together  with  the  speeches  of 
Seward,  Wilson,  Hale,  and  Collamer,  was  pub 
lished  in  pamphlet  form  by  the  Eepublican 
Association  at  Washington.133  A  correspond 
ent  of  the  New  York  Tribune,  in  describing  the 
speech,  said :  ' '  The  anticipations  of  his  friends 
were  high,  but  I  think  his  speech  more  than 
fulfilled  them  ....  it  worthily  engrossed 


98  JAMES  HARLAN 

two  hours,  and  was  heard  with  unalloyed  satis 
faction  by  the  friends  of  Free  Kansas".134 

The  young  lowan  now  found  himself  in  an 
arena  worthy  of  his  powers  and  in  support  of  a 
cause  which  enlisted  his  fullest  sympathies.  It 
was  not  more  than  two  weeks  until  he  again 
took  a  prominent  part  in  a  debate  in  the  Senate. 
On  April  7th  Lewis  Cass  presented  a  memorial 
"from  the  persons  composing  the  self-styled 
Legislature  of  Kansas ",  as  he  expressed  it, 
praying  for  the  admission  of  Kansas  under  the 
Topeka  constitution.  The  memorial  was  re 
ferred  to  the  Committee  on  Territories  without 
debate,  but  when  it  was  moved  that  the  me 
morial  be  printed  objection  was  raised  and  a 
debate  ensued  wnich  continued  for  four  days. 
The  memorial  was  denounced  by  the  pro-slavery 
members  who  declared  that  it  was  "an  im 
pudent  forgery"  and  "an  imposition  disre 
spectful  to  the  Senate ".  Finally,  a  motion  to 
rescind  the  order  to  print  the  memorial  was 
adopted  by  a  vote  of  thirty-two  to  three,  and 
Senator  Cass  was  granted  leave  to  withdraw 
the  troublesome  document  and  return  it  to  the 
source  from  which  it  had  been  received.135 

The  three  votes  against  the  motion  to  re 
scind  were  cast  by  Senators  Harlan,  Seward, 
and  Sumner.  When  the  roll-call  reached 
Harlan 's  name  not  a  negative  vote  had  been 
cast,  and  he  voted  "no"  expecting  to  find  him- 


FIRST  WINTER  IN  WASHINGTON        99 

self  alone.  Surprised  at  what  seemed  to  Mm 
the  "complete  demoralization "  of  his  Bepub- 
lican  associates  and  indignant  at  the  virtual 
branding  of  the  "Free  State "  people  of  Kansas 
as  forgers  and  traitors,  he  defiantly  recorded 
his  negative  vote.  Much  to  his  relief  he  was 
followed  by  Seward  and  Sumner,  the  latter 
afterward  informing  him  that  he  had  intended 
to  withhold  his  vote,  until  he  heard  Harlan 's 
negative.130 

On  the  following  day,  April  11,  1856,  James 
H.  Lane  of  Kansas,  who  was  the  bearer  of  the 
ill-fated  memorial,  came  to  Harlan  and  declared 
"that  he  was  mortified  beyond  the  power  of 
words  to  express  over  the  debate  of  the  pre 
ceding  day".  He  also  stated  that  Horace 
Greeley,  who  was  in  the  gallery  when  the  vote 
was  taken,  "was  fighting  mad"  and  had  said 
that  "he  was  amazed  at  such  stupidity  on  the 
part  of  Eepublican  Senators;  that  Harlan,  of 
Iowa,  seemed  to  be  about  the  only  level  headed 
man  among  them".  Greeley  also  suggested  to 
Lane  that  he  get  Harlan  * '  to  move  a  reconsider 
ation  of  the  question,  so  that  the  Eepublican 
Senators  could  put  themselves  right  on  the 
record".137 

Since  Senator  Harlan  had  voted  in  the  nega 
tive  he  could  not  move  a  reconsideration.  But 
he  suggested  to  Mr.  Lane  that  he  draw  up  an 
individual  petition,  incorporating  in  it  the  re- 


100  JAMES  HAUL  AN 

jected  memorial.  This  advice  was  followed. 
On  April  14th  Harlan  presented  the  recon 
structed  petition  and  in  a  long  speech  defended 
its  right  to  consideration.  The  question  was 
debated  for  over  five  hours  and  in  the  end  the 
petition  was  laid  on  the  table  by  a  decisive  vote. 
This  time,  however,  the  eleven  Eepublican 
Senators  voted  in  the  negative,  thus  accomplish 
ing  the  chief  purpose  for  which  the  petition  was 
re-introduced  and  restoring  the  party  integ 
rity.138 

The  courageous  part  taken  in  the  Kansas 
struggle  by  the  new  Senator  from  Iowa  won 
Harlan  a  wide  reputation,  and  he  was  flooded 
with  correspondence  and  requests  for  copies  of 
his  speeches.  Moreover,  it  was  evident  that  the 
pro-slavery  people  had  come  to  look  upon  him 
as  a  formidable  antagonist.  On  the  evening  of 
April  23rd  he  was  present  at  a  dinner  at  the 
home  of  W.  W.  Corcoran,  a  prominent  banker 
of  the  capital  city  and  a  man  of  strongly  south 
ern  sympathies.  The  other  guests  were  all 
pro-slavery  in  their  sentiments,  and  it  soon  ap 
peared  to  Harlan  that  he  had  been  invited  in 
the  hope  that  he  could  be  induced  to  recede  from 
his  uncompromising  position.139  The  anti- 
slavery  people  of  the  east  were  equally  im 
pressed  with  Harlan 's  ability,  for  the  New  York 
Times  declared  that  "Mr.  Harlan,  who  has 
superceded  the  stolid  incompetency  of  the 


FIRST  WINTER  IN  WASHINGTON      101 

young  Dodge  has  sprung  into  the  position  of 
an  admitted  leader.  He  is  more  than  a  match 
for  the  boldest  and  the  strongest  of  those  who 
have  hastened  forward  to  grapple  with  him. 
.  .  .  In  the  ability  to  state  a  proposition 
so  as  to  defy  the  ingenuity  of  cavilers,  and  in 
the  resolution  and  patient  courage  which  re 
ceives  and  repels  attacks  with  equal  calmness, 
Mr.  Harlan  has  no  competitor.  "14° 


THE  CONTEST  IN  THE  SENATE 

ALTHOUGH  James  Harlan  had  for  several 
months  occupied  a  seat  in  the  Senate  and  taken 
a  conspicuous  part  in  debate,  a  protest  from 
the  Iowa  Senate  denying  him  a  right  to  his  seat 
was  lying  on  the  table  and  he  was  always  con 
scious  of  the  precariousness  of  his  position  in  a 
body  of  hostile  associates.  It  was  not  until 
August  13, 1856,  however,  that  the  subject  came 
up  for  discussion.  On  that  day  Senator  Jones 
moved  that  the  resolutions  of  the  Iowa  Senate 
be  taken  up  and  referred  to  the  Committee  on 
the  Judiciary.  After  some  debate  it  was  voted 
to  take  up  the  protest  and  it  was  made  a  special 
order  for  twelve  o'clock  on  August  15th.  But 
when  the  appointed  time  arrived  Senator 
Robert  M.  T.  Hunter  of  Virginia  moved  to  post 
pone  the  special  order  and  a  spirited  debate 
ensued,  which  was  ended  by  a  vote  of  twenty- 
seven  to  eighteen  in  favor  of  postponement.141 
Three  days  later  Congress  adjourned.  "This 
debate  and  this  nearly  unanimous  vote  of  the 
democratic  Senators ",  wrote  Harlan,  "seemed 

102 


THE  CONTEST  IN  THE  SENATE   103 

to  me  to  demonstrate  the  truth  of  my  conjecture 
.  .  .  .  that  the  democratic  leaders  had  de 
termined,  for  political  reasons,  to  defer  the 
discussion  and  decision  of  my  righE  to  my  seat 
until  after  the  pending  Presidential  elec 
tion/7142 

Soon  after  the  adjournment  of  Congress  and 
the  short  extra  session  which  followed,  Senator 
Harlan  returned  to  his  home  at  Mt.  Pleasant. 
The  presidential  campaign  of  1856  was  then  at 
its  height  and  he  found  the  people  of  Iowa 
aroused  as  they  had  never  been  before  in  a 
National  contest.  The  Senator  was  eagerly 
welcomed  by  the  Eepublican  leaders  in  the 
State,  and  he  made  speeches  in  nearly  all  of  the 
larger  towns  in  southern  Iowa,  generally  visit 
ing  two  county-seats  a  day,  an  itinerary  in 
volving  a  daily  drive  of  from  fifty  to  sixty-five 
miles.143  "No  more  slave  States !"  was  the 
slogan  everywhere,  and  the  vote  of  Iowa,  elect 
ing  Fremont  and  Dayton  presidential  electors 
on  a  platform  demanding  the  admission  of 
Kansas  as  a  free  State,  was  an  emphatic  ratifi 
cation  of  the  position  taken  by  Harlan  in  the 
debates  in  the  Senate. 

The  convening  of  Congress  on  December  1, 
1856,  found  Harlan  in  his  seat  at  the  first  roll- 
call.  On  December  15th  Senator  Jones  again 
moved  that  the  Harlan  credentials  be  taken  up 
and  referred  to  the  Committee  on  the  Judiciary. 


104  JAMES  HARLAN 

Thereupon,  Senator  Harlan  rose  and  thorough 
ly  presented  the  facts  in  the  case.  He  read  all 
of  the  constitutional  and  statutory  provisions 
relating  to  senatorial  elections,  together  with 
the  record  of  the  joint  convention  which  had 
elected  him,  and  letters  from  a  number  of  State 
officers  all  sustaining  him.  "In  the  event  of  an 
adverse  decision/'  he  declared  in  conclusion, 
"should  the  people  of  my  State  desire  my 
presence  here,  I  doubt  not  they  will  find  means 
to  return  me;  if  otherwise,  they  will  have  no 
difficulty  in  selecting  from  her  citizens  an  abler 
and  a  better  man."144  Though  he  could  find 
among  the  members  of  the  Committee  on  the 
Judiciary  not  one  political  friend,  he  declared 
that  he  would  not  oppose  the  reference  of  the 
subject  to  that  committee. 

After  a  long  debate  it  was  voted  to  refer  the 
question  to  the  Committee  on  the  Judiciary,  of 
which  Andrew  P.  Butler  of  South  Carolina  was 
chairman.  The  committee  did  not  make  its  re 
port  until  January  5,  1857,  and  then  there  was 
a  delay  of  one  day  in  order  that  the  majority 
and  minority  reports  might  be  printed.  On 
January  6th,  after  a  further  effort  to  postpone 
the  consideration  of  the  question,  Senator 
Butler  took  the  floor  and  stated  at  length  the 
views  of  the  majority  of  the  committee,  to  the 
effect  that  James  Harlan  had  not  been  legally 
elected.  He  based  his  conclusion  on  the  state- 


THE  CONTEST  IN  THE  SENATE   105 

ment  that  the  joint  convention  which  elected 
Harlan  was  not  legally  constituted,  since  the 
Senate  was  not  present  as  an  official  body,  the 
whole  argument  hinging  on  technicalities.145 

Strange  to  say,  the  minority  report,  defend 
ing  Harlan 's  right  to  a  seat  in  the  Senate,  was 
presented  by  Senator  Robert  Toombs  of 
Georgia,  one  of  the  most  ardent  pro-slavery 
advocates  in  the  upper  house  of  Congress.  He 
vigorously  denied  the  contention  that  the  ab 
sence  of  the  Iowa  Senate  from  the  joint  con 
vention  as  an  official  body  invalidated  the 
election  of  Harlan.  He  declared  that  the  joint 
convention  as  constituted  was  "  composed  not 
of  a  minority,  but  of  a  majority,  of  all  the  per 
sons  upon  whom  this  duty  devolved  by  the 
Constitution  of  the  United  States  and  the  law 
of  Iowa ' ',  and  in  a  logical  manner  answered  the 
technical  objections  raised  by  Senator  Butler.146 

Following  the  presentation  of  the  two  reports 
by  Butler  and  Toombs  there  was  a  general  de 
bate  on  the  question  of  Harlan 's  eligibility 
which  continued  almost  without  interruption 
until  January  12th.  Practically  all  the  leaders 
in  the  Senate  took  part  in  the  discussion  and 
all  the  arguments  in  the  case  were  threshed 
over  and  over.  Among  those  upholding  Harlan 
in  his  right  to  a  seat  were  Senators  William  H. 
Seward,  George  E.  Pugh,  John  P.  Hale, 
William  P.  Fessenden,  and  Lyman  Trumbull. 


106  JAMES  HARLAN 

On  the  opposing  side  were  Stephen  A.  Douglas, 
Isaac  Toucey,  Henry  S.  Geyer,  James  A. 
Bayard,  Judah  P.  Benjamin,  and  others.  The 
vote  was  finally  taken  on  January  12th  and 
Harlan 's  seat  was  declared  vacant  l3y  a  vote  of 
twenty-eight  to  eighteen.147 

"To  all  impartial  thinkers,  as  it  seems  to 
me,"  was  James  Harlan 's  comment  later  in  life, 
"this  objection  to  the  legality  of  my  election 
must  appear  to  be  merely  technical  and  not 
substantial.  Nevertheless  I  did  not  then,  and 
do  not  now  think  that  those  who  maintained 
that  it  constituted  a  substantial  defect  wTere  dis 
honest.  It  is  an  illustration,  however,  of  the 
psychological  effect  of  strong  desire  on  the 
human  judgment.  "148 

Within  an  hour  after  the  adverse  decision 
was  reached  in  the  Senate,  Harlan  was  on  his 
way  to  the  capital  of  his  State,  confidently 
anticipating  a  vindication  at  the  hands  of  the 
legislature  which  was  then  in  session.  Imme 
diately  after  his  arrival  the  General  Assembly 
by  concurrent  resolution  agreed  to  meet  on  the 
afternoon  of  January  17th  to  elect  a  United 
States  Senator  to  fill  the  vacancy  which  had 
been  declared  to  exist.  In  the  joint  convention 
\vhich  followed,  James  Harlan  found  ample 
vindication  in  the  vote  of  every  Kepublican 
legislator,  sixty-three  in  all  and  an  overwhelm 
ing  majority  of  the  votes  cast.149  On  the 


THE  CONTEST  IN  THE  SENATE   107 

evening  of  the  same  day  the  reflected  Senator 
was  given  a  reception  at  the  capitol  building  by 
the  Kepublican  members  of  the  legislature. 

A  sleighride  across  the  country  sixty  miles, 
with  the  mercury  twenty  degrees  below  zero,  a 
brief  visit  with  his  family  at  Mt.  Pleasant,  and 
the  Senator,  now  armed  with  authority  which 
could  not  be  disputed,  returned  to  Washington 
to  resume  his  duties.  He  reached  the  capital 
city  on  the  29th  of  January,  and  on  the  same 
day  his  credentials  were  presented  by  Lyman 
Trumbull  of  Illinois,  the  oath  of  office  was  once 
more  administered  to  him,  and  he  took  his  seat 
amid  the  congratulations  of  his  colleagues.150 
Whether  or  not  he  had  legally  been  entitled  to 
his  seat  in  the  first  place  is  a  question  which  it 
is  useless  to  discuss.  There  were  strong  argu 
ments  on  both  sides,  and  as  a  matter  of  fact  the 
question  had  little  effect  on  Harlan's  career, 
since  he  was  absent  from  his  place  in  the  Senate 
less  than  three  weeks. 


XI 

THE    LECOMPTON    CONSTITUTION    AND    THE 
DEFICIENCY  BILL 

THE  erection  of  a  brick  residence  at  Mt. 
Pleasant,  the  mailing  of  public  documents  to 
his  constituents,  and  the  writing  of  many  let 
ters  occupied  James  Harlan's  time  during  the 
spring  and  summer  of  1857.  During  the  fall 
he  was  drawn  into  the  campaign  which  preceded 
the  election  of  State  officers,  and  he  made  a 
number  of  speeches  in  support  of  Ralph  P. 
Lowe,  the  Republican  candidate  for  Governor. 
A  number  of  important  political  issues  con 
fronted  the  people  of  Iowa  at  this  time.  A  new 
State  Constitution  was  submitted  to  a  popular 
vote  in  August  and  adopted  by  a  small  ma 
jority,  and  as  a  consequence  certain  readjust 
ments  were  necessary  in  the  governmental 
machinery.  Moreover,  upon  the  legislature  at 
its  next  session  would  devolve  the  necessity 
of  choosing  a  United  States  Senator  to  succeed 
George  W.  Jones,  whose  term  was  about  to 
expire.  The  choice  of  members  of  the  General 
Assembly,  therefore,  was  of  great  importance. 

108 


THE  LECOMPTON  CONSTITUTION      109 

Harlan  was  strongly  urged  to  take  sides  in 
the  discussion  of  the  senatorial  succession,  but 
he  deemed  it  unwise,  if  not  improper,  even  to 
seem  to  dictate  the  selection  of  his  future  col 
league.  James  W.  Grimes,  whose  home  was  at 
Burlington,  less  than  thirty  miles  from  Mt. 
Pleasant,  was  the  leading  candidate,  and  many 
of  Harlan 's  correspondents  warned  him  that 
the  election  of  Grimes  would  preclude  the  pos 
sibility  of  his  own  reelection,  since  that  would 
be  unduly  favoring  the  southern  part  of  the 
State.  But  Senator  Harlan  paid  little  attention 
to  these  warnings,  since  at  that  time  the  ques 
tion  of  whether  or  not  he  remained  in  the 
Senate  was  a  matter  of  indifference  to  him.151 

The  opening  of  Congress  in  December,  1857, 
found  James  Harlan  in  his  place  in  the  Senate, 
and  he  was  soon  deep  in  the  controversy  pre 
cipitated  by  President  Buchanan's  first  message 
to  Congress.  The  message  was  a  great  dis 
appointment  to  Harlan.  "It  had  been  hoped 
that  he  would  find  some  practical  method  of 
putting  an  end  to  the  outrages  and  bloodshed 
being  perpetrated  in  Kansas,  consistent  with 
justice,  honor,  and  American  ideas  of  civil  gov 
ernment.  Hence  when  that  part  of  his  first 
annual  message  to  Congress  was  read,  in  which 
he  recommended  the  admission  of  Kansas  as  a 
State  in  the  union  under  what  was  known  as  the 
Lecompton  Constitution,  which  would  be  a  Con- 


110  JAMES   HARLAN 

gressional  endorsement  of  the  infamous  enact 
ments  of  the  fraudulent  Legislature  of  that 
Territory,  all  hope  of  an  amicable  adjustment 
and  settlement  of  these  Kansas  troubles  van 
ished/'152 

In  the  long  and  acrimonious  debate  on  the 
question  of  the  admission  of  Kansas  under  the 
Lecompton  Constitution  Senator  Harlan  took  a 
prominent  part  on  only  one  occasion.  On  Janu 
ary  25th  he  made  an  extended  speech  which  not 
only  embodied  a  clear  statement  of  his  own 
views  on  the  vexed  question,  but  also  pointed 
out  the  differences  between  the  attitude  of  the 
Republicans  and  that  of  the  Democrats  and 
between  that  of  the  Northern  and  the  Southern 
wings  of  the  Democratic  party.153 

"To  follow  the  advice  of  the  President  and 
those  who  agree  with  him,"  he  declared  after  a 
few  preliminary  remarks,  "will  secure  the 
organization  of  a  slave  State  on  free  soil;  to 
adopt  the  policy  proposed  by  the  Senator  from 
Illinois,  [Stephen  A.  Douglas]  will  exclude 
slavery  from  this  domain  as  effectually  as  if 
Congress  should  re-enact  'that  neither  slavery 
nor  involuntary  servitude  shall  ever  exist  north 
of  36°  30'  north  latitude;'  for  it  is  now  known 
to  us  all,  that  an  overwhelming  majority  of  the 
people  of  Kansas  are  opposed  to  slavery;  and 
there  is  no  practical  difference  between  ex 
cluding  it  directly  by  an  act  of  Congress,  and 


THE  LECOMPTON  CONSTITUTION      HI 

excluding  it  indirectly  by  a  submission  of  the 
question  to  the  people,  when  we  all  know,  when 
everybody  knows,  when  the  whole  world  knows, 
they  would  abolish  it  without  ceremony. ' ' 

Senator  Harlan  then  proceeded  to  state  the 
position  of  the  two  factions  of  the  Democratic 
party.  Both  wings  made  strong  professions  of 
attachment  to  the  principle  laid  down  in  the 
Kansas-Nebraska  Act  that  the  people  of  the 
Territory  should  be  left  to  regulate  their  own 
affairs  in  their  own  way,  subject  only  to  the 
Constitution  of  the  United  States.  President 
Buchanan  and  those  who  supported  him  insisted 
that  the  convention  which  drew  up  the  Lecomp- 
ton  Constitution  was  legally  constituted  and, 
therefore,  that  the  Constitution  itself  was  a 
valid  instrument.  But,  while  he  admitted,  as  a 
general  principle,  the  right  of  the  people  to 
require  the  submission  of  the  Constitution  to  a 
popular  vote,  the  President  denied  the  expedi 
ency  of  submission  in  this  case,  because  it  would 
be  an  infraction  of  the  doctrine  of  non-interven 
tion  by  Congress.  "They  claim ",  said  Harlan, 
"that,  to  require  the  people  to  vote  for  or 
against  their  fundamental  law,  by  an  act  of 
Congress,  would  be  as  distasteful  to  freemen  as 
would  be  a  denial  of  that  right. " 

The  northern  wing  of  the  Democracy  under 
the  leadership  of  Stephen  A.  Douglas,  on  the 
other  hand,  maintained  that  the  Constitution 


112  JAMES  HARLAN 

should  be  submitted  to  a  vote  of  the  people  of 
Kansas.  This  right  was  not  only  guaranteed 
to  the  people  by  the  Kansas-Nebraska  Act,  but 
had  been  pledged  by  the  President  of  the  United 
States,  by  Governor  Walker  of  Kansas,  and  by 
members  of  Congress. 

Having  thus  outlined  the  attitude  of  the  two 
factions  of  the  Democratic  party,  Senator 
Harlan  stated  the  points  wherein  his  own  viewrs 
and  those  of  the  Republican  party  differed  from 
the  arguments  of  Douglas  and  his  followers  in 
their  opposition  to  the  Lecompton  fraud.  He 
even  went  so  far  as  to  say  that  there  were  no 
legal  reasons  why  the  Constitution  need  be  sub 
mitted  to  a  popular  vote.  But  even  were  this 
right  granted  it  would  be  a  very  small  privilege 
-  a  mere  negative  right  of  veto,  comparable  to 
that  gained  by  the  Plebeians  in  ancient  Rome 
1  i  when  they  acquired  the  right  in  the  person  of 
their  tribunes,  to  sit  at  the  feet  of  Senators,  and 
write  'veto'  on  Roman  laws." 

What  the  Republican  party  demanded,  de 
clared  the  Iowa  Senator,  was  much  more  than 
this  mere  right  of  the  people  to  veto  a  constitu 
tion  which  had  been  dictated  to  them.  He 
maintained  that  the  convention  which  framed 
the  Lecompton  Constitution  was  not  a  legit 
imate  body,  because  the  delegates  had  been 
elected  through  fraud  and  coercion  and  they  did 
not  represent  a  majority  of  the  people  of 


THE  LECOMPTON  CONSTITUTION      H3 

Kansas.  And  further,  he  charged  "that  this 
criminal  neglect  was  by  design,  and  for  the  pur 
pose  of  excluding  a  fair  expression  of  the  will 
of  the  people;  and  that  the  officers  of  this 
Government,  including  the  President,  with  a 
full  knowledge  of  all  the  facts,  have  openly 
participated  in  the  consummation  of  this  open 
and  flagrant  robbing  of  the  people  of  their 
dearest  rights  as  American  citizens  —  the  right 
to  select  their  own  rulers  and  to  make  their  own 
laws;  and  that  the  acquiescence  of  the  people 
has  been  coerced  by  the  President  by  the  use  of 
Federal  bayonets !"  He  demanded,  not  the 
right  of  the  people  of  Kansas  to  vote  upon  their 
constitution,  but  their  right  to  make  that  consti 
tution  through  legally  chosen  representatives. 
Continuing  his  speech,  he  declared  that  it  was 
very  evident  that  the  southern  Democracy  had 
from  the  first  determined  to  erect  Kansas  into 
a  slave  State.  This  was  shown  by  the  in 
ordinate  haste  of  the  Democrats  to  establish 
two  Territorial  governments  for  a  region  in 
which,  at  the  time  the  act  was  passed,  there 
were  not  more  than  one  hundred  American 
citizens.  Further  evidence  of  this  determina 
tion  was  to  be  found  in  the  persistent  policy  of 
removing  every  Territorial  officer  who  mani 
fested  any  tendency  to  show  the  Free-State  men 
"even-handed  justice ",  including  four  Terri 
torial  Governors. 

8 


114  JAMES   HARLAN 

In  conclusion,  the  Senator  denied  the  claim 
of  the  South  that  "the  title  to  slave  property 
must  be  placed  on  the  same  footing  with  the 
title  to  other  species  of  property/7  The  only 
law,  he  declared,  which  recognized  the  right  to 
hold  human  beings  as  property  was  the  law  of 
force.  If  the  people  of  the  South  found  them 
selves  under  "a  necessity  pressing  on  them  to 
continue  the  institutions  under  which  they  have 
lived,"  he  was  willing  that  they  should  be  per 
mitted  to  regulate  their  own  affairs  in  States 
where  slavery  already  existed.  But  he  denied 
them  the  right  to  force  slavery  into  a  Territory 
where  it  was  in  no  sense  a  necessity  and  where 
a  majority  of  the  people  were  opposed  to  it. 

This  bold,  straightforward  speech  of  the  Iowa 
Senator  made  a  good  impression  in  the  Senate, 
and  received  favorable  comment  in  many  of  the 
leading  newspapers  throughout  the  country. 
The  New  York  Tribune  pronounced  it  "a  pow 
erful  speech  on  Slavery,  highly  logical  and 
philosophical  in  its  character.  "154  The  Repub 
lican  press  of  Iowa  was  very  profuse  in  its 
praise  and  there  was  scarcely  a  paper  of  any 
size  which  did  not  print  the  speech  in  full  or 
make  extended  extracts  from  it.  Harlan's 
course  was  exultingly  compared  by  the  Repub 
licans  with  the  stand  taken  by  Senator  Jones  in 
support  of  the  Lecompton  Constitution  much  to 
the  chagrin  of  many  of  his  Democratic  constitu- 


THE  LECOMPTON  CONSTITUTION      H5 

ents.155  Furthermore,  Senator  Harlan  received 
scores  of  letters  commending  him  for  his 
speech.  Among  them  was  a  letter  from  Alvin 
Saunders  of  Mt.  Pleasant,  who  declared  that 
Harlan  had  kept  many  Republicans  in  Iowa 
from  going  to  Douglas.  "Very  many  of  our 
Northern  friends,"  wrote  Saunders,  "even 
among  Republicans,  were  disposed  to  fall  in 
with  Douglas  believing  that  he  was  occupying 
the  true  Republican  ground,  when  the  truth  is, 
as  you  have  clearly  shown,  he  is  no  more  con 
sistent  than  the  other  wing."156 

From  January  25,  1858,  until  late  in  April, 
Senator  Harlan  took  almost  no  part  in  the  dis 
cussions  on  the  floor  of  the  Senate.  He  busied 
himself  with  committee  work,  chiefly  that  of  the 
Committee  on  Public  Lands,  of  which  he  was  a 
member,  and  with  attending  to  the  interests  of 
his  constituents.  On  February  3rd  he  intro 
duced  a  resolution  instructing  the  Committee 
on  the  Judiciary  "to  inquire  into  the  constitu 
tionality  and  expediency  of  a  law  allowing  the 
new  States  such  increased  representation  in 
Congress  as  their  present  population  would 
entitle  them  to  under  the  apportionment  of 
1850.  "157  The  resolution  was  considered  by 
unanimous  consent  and  adopted,  but  for  some 
unexplained  reason  the  committee  failed  to  re 
port.  Had  the  resolution  been  acted  upon, 
Iowa's  representation  in  the  House  of  Repre- 


116  JAMES  HARLAN 

sentatives  would  at  that  time  have  been  in 
creased  from  two  to  five  members. 

Six  days  later  Harlan  presented  a  memorial 
from  the  General  Assembly  of  Iowa  asking  that 
the  State  be  indemnified  for  expenses  incurred 
in  repelling  the  invasion  of  the  Sioux  Indians 
in  March,  1857,  which  resulted  in  the  Spirit 
Lake  massacre,  and  that  the  volunteers  in  the 
Spirit  Lake  expedition  be  granted  bounty 
lands.158  After  consideration  in  committee  the 
appropriation  asked  for  in  the  memorial  was 
made.  On  February  10th  he  presented  the 
credentials  of  James  W.  Grimes,  who  was  to  be 
his  colleague  after  March  4,  1859,  to  succeed 
George  W.  Jones.  Petitions  from  Iowa  asking 
for  additional  mail  routes,  for  the  improvement 
of  rivers,  for  land  grants  to  aid  in  building 
railroads,  for  the  repeal  of  the  duty  on  sugar, 
and  for  various  other  objects,  engaged  the 
Senator's  attention  during  the  succeeding 
weeks.  He  also  took  a  small  part  in  the  debate 
on  the  question  of  the  admission  of  Minnesota 
into  the  Union.159 

On  April  23rd  Senator  Harlan  took  the  floor 
as  the  leader  of  the  opposition  to  one  phase  of 
the  Deficiency  Bill.  This  was  a  bill  to  supply 
deficiencies  in  the  appropriations  for  the  gov 
ernmental  service  for  the  year  ending  June  30, 
1858,  to  the  amount  of  nearly  ten  millions  of 
dollars.  Among  the  various  items  was  one 


THE  LECOMPTON  CONSTITUTION      H7 

appropriating  two  hundred  and  twenty  thou 
sand  dollars  to  supply  a  deficiency  in  the  appro 
priation  for  the  survey  of  lands  in  California. 
Harlan  charged  that  the  Surveyor  General,  who 
had  directed  these  surveys  and  had  imposed 
this  large  debt  upon  the  government,  had  done 
so  without  authority  of  law.  He  had  supposed, 
he  said,  "that  the  officers  of  this  Government 
were  to  be  controlled  by  the  amount  of  money 
appropriated  by  Congress  in  contracts  made  by 
them7'.  Instead  of  being  guided  by  this  prin 
ciple  the  Surveyor  General  had  greatly  exceed 
ed  the  fifty  thousand  dollars  which  had  been 
appropriated  for  carrying  on  his  work,  and  now 
sought  to  justify  his  actions  on  the  ground  that 
the  ' '  liberal  appropriations  that  had  been  made 
in  previous  years  by  Congress  for  the  same 
services  induced  the  belief  that  the  same  policy 
was  to  be  continued. " 

Throughout  the  extended  debate,  which  con 
tinued  for  practically  two  days,  James  Harlan 
persisted  in  his  opposition  to  the  policy  of 
allowing  government  officials  to  exceed  the 
amount  of  money  appropriated  for  carrying  on 
their  work,  except  in  cases  where  extreme  ne 
cessity  required  such  a  course.  Again  and 
again  he  drew  upon  his  own  experience  as  a 
surveyor,  to  the  confusion  of  his  opponents, 
among  whom  was  Senator  Jones,  who  had  no 
practical  knowledge  of  the  subject.  In  the  end, 


118  JAMES  HARLAN 

however,  his  amendment  to  strike  out  this  par 
ticular  item  from  the  Deficiency  Bill  was  voted 
down  by  a  large  majority  and  the  appropriation 
was  made.100 

The  remainder  of  the  session  passed  with 
little  to  break  the  routine  activities  of  a  com 
paratively  silent  member  of  the  Senate.  Silence 
on  the  floor,  however,  did  not  mean  that  the 
Senator  was  idle.  Petitions  and  memorials 
from  Iowa  demanded  much  of  his  time.  The 
bulk  of  business  brought  before  the  Committee 
on  Public  Lands  was  also  large  and  there  were 
problems  of  an  intricate  and  technical  character 
to  be  solved.  On  May  3rd,  as  a  member  of  this 
committee,  he  made  a  report  in  favor  of  divert 
ing  for  the  establishment  of  an  agricultural 
college  five  sections  of  land  which  had  originally 
been  granted  to  the  State  of  Iowa  for  the  erec 
tion  of  public  buildings.  On  the  same  day  also 
he  made  a  report  favoring  the  granting  of  the 
right  of  preemption  to  certain  Hungarian  set 
tlers  in  Iowa  who  were  living  on  public  lands 
which  were  about  to  be  sold.  A  law  embodying 
the  recommendations  of  the  second  report  was 
passed,  and  the  suggestions  relative  to  an 
agricultural  college  received  favorable  action  in 
the  Senate.161 

Another  instance  in  which  James  Harlan  sup 
ported  the  interests  of  the  people  of  Iowa  under 
circumstances  annoying  to  himself,  occurred  in 


THE  LECOMPTON  CONSTITUTION      119 

connection  with  the  seating  of  a  new  Senator 
from  Minnesota.  On  May  12th  Senator  Toombs 
moved  that  the  oath  of  office  be  administered  to 
Henry  M.  Rice,  the  Senator-elect.  Harlan  im 
mediately  arose  and,  evidently  under  embar 
rassment,  referred  to  certain  charges  made  by 
the  settlers  on  the  Fort  Crawford  Reservation 
in  Iowa  that  they  had  been  defrauded  by  Rice 
in  the  sale  of  their  claims.  Harlan  merely 
stated  the  facts  as  they  had  been  brought  to  him 
and  asked  that  an  investigation  be  made ;  but  he 
was  immediately  assailed  from  all  sides,  espe 
cially  by  southern  Senators,  as  perpetrating  a 
flagrant  outrage  on  Mr.  Rice.  This  severe 
criticism  of  Harlan  was  only  ended  when 
Senator  Jefferson  Davis  rose  in  his  defense  and 
in  strong  terms  declared  that  if  the  Senator 
from  Iowa  had  any  information  which  would 
disqualify  the  Senator-elect  from  taking  his 
seat,  he  had  a  right  to  present  it,  and,  moreover, 
in  so  doing  he  was  only  performing  his  duty  to 
his  constituents.162 


XII 

THE  PACIFIC  RAILROAD  BILL  ix  1859 

THE  adjournment  of  Congress  about  the  middle 
of  June,  1858,  enabled  Senator  Harlan  to  return 
to  Mt.  Pleasant.  But  he  was  not  permitted  to 
remain  long  with  his  family,  for,  in  common 
with  the  other  Republican  leaders,  he  was 
pressed  into  service  in  the  State  campaign  then 
in  progress.  Urgent  calls  for  political  speeches 
came  from  all  parts  of  the  State.  Letters  writ 
ten  by  Harlan  to  his  wife  during  these  summer 
months  tell  of  the  hardships  of  the  campaign, 
with  lack  of  transportation  facilities  other  than 
private  conveyances  and  with  poor  hotel  ac 
commodations,  or  none  at  all.  This  was  a 
period  of  great  activity  in  railroad  building, 
and  the  question  of  State  aid  to  these  new  and 
important  enterprises  was  much  discussed  in 
Iowa  during  the  campaign.163 

The  second  session  of  the  Thirty-fifth  Con 
gress,  which  convened  on  December  6,  1858,  was 
largely  devoted  to  public  measures  of  an 
economic  and  non-partisan  nature,  rather  than 
to  exciting  political  questions  such  as  character- 

120 


THE  PACIFIC  RAILROAD  BILL        121 

ized  the  majority  of  the  sessions  of  Congress 
during  this  critical  period.  "  Personally ", 
writes  Harlan,  "I  participated  in  these  miscel 
laneous  discussions  only  when,  in  my  opinion  it 
became  my  duty  as  one  of  the  representatives 
of  my  State  to  do  so ;  and  thus  avoided  the  use 
less  consumption  of  time.  I  devoted  all  my 
time  when  out  of  the  Senate  chamber,  or  in 
Committee,  in  the  careful  perusal  of  the  official 
reports  of  the  various  Departments,  the  reports 
of  Committees,  in  looking  over  the  leading 
newspapers,  and  in  my  correspondence,  chiefly 
with  my  fellow  citizens  in  Iowa  and  members  of 
my  family. " 164 

Among  the  few  subjects  which  Senator 
Harlan  discussed  at  any  length  on  the  floor  of 
the  Senate  during  this  session,  and  the  most 
important  one  from  the  standpoint  of  the  people 
of  Iowa,  was  the  Pacific  Eailroad  Bill.  This 
bill  authorized  the  President  of  the  United 
States  "to  contract  for  the  transportation  of 
the  mails,  troops,  seamen,  munitions  of  war,  and 
all  other  Government  service,  by  railroad,  from 
the  Missouri  river  to  San  Francisco,  in  the 
State  of  California."  The  proposition  was  not 
a  new  one,  for  it  had  been  discussed  in  Congress 
at  preceding  sessions.  So  when  Senator  Harlan 
addressed  the  chair  on  January  6th,  he  was 
cognizant  of  all  the  arguments  which  had  been 
advanced  relative  to  the  bill,  pro  and  con. 


122  JAMES   HARLAN 

Harlan  assumed  from  the  exhaustive  discus 
sion  of  the  subject,  covering  several  years,  that 
there  was  a  general  conviction  as  to  the  prac 
ticability  and  necessity  of  a  railroad  from  the 
Mississippi  Valley  to  the  Pacific  coast.  It  was 
also  generally  conceded,  he  believed,  that  this 
work  must  be  effected  by  private  enterprise 
aided  by  the  government.  He  therefore  con 
fined  his  remarks  to  "the  propriety  of  the 
location  of  the  general  route  of  the  road  by 
Congress  itself."  The  language  of  the  bill,  he 
said,  was  calculated  to  deceive,  because  it  gave 
the  impression  that  the  selection  of  the  route 
for  the  proposed  railroad  was  conferred  upon 
the  President.  A  more  careful  reading,  how 
ever,  would  reveal  the  fact  that  the  important 
power  of  selecting  the  route  was  to  be  left  to 
the  contractor,  after  the  contract  had  been 
"made,  signed,  sealed,  and  delivered;  after  the 
monopoly,  if  it  should  be  a  monopoly,"  had 
been  secured.  Therefore,  no  real  discretion 
remained  for  the  President. 

Furthermore,  Harlan  believed  that  Congress 
alone  should  have  the  power  of  locating  the 
road.  The  object  to  be  secured  was  the  rapid 
transportation  of  mails,  troops,  munitions  of 
war,  and  supplies,  in  such  a  manner  as  to  pro 
mote  the  general  welfare  and  render  the  means 
of  defense  more  efficient.  Consequently,  it 
seemed  to  him  "not  only  appropriate  that  Con- 


THE  PACIFIC  RAILROAD  BILL        123 

gress  should  locate  the  general  route  of  the 
road,  but  that  it  requires  the  exercise  of  a  dis 
cretion  which  the  legislature  of  the  nation 
cannot  transfer  to  another. ' '  On  Congress,  not 
the  President,  nor  any  other  officer  of  the  gov 
ernment,  had  been  conferred  the  power  to 
establish  post  roads,  to  raise  and  support 
armies  and  a  navy,  to  regulate  commerce,  and 
to  provide  for  the  common  defense  and  the 
general  welfare ;  and  none  of  these  powers  could 
be  delegated. 

"If  it  were  the  enactment  of  a  law  merely, " 
continued  Senator  Harlan  in  words  which  read 
like  prophecy,  "none,  perhaps,  would  contend 
that  Congress  could  transfer  that  discretion; 
but  it  is  not  only  the  enactment  of  a  law  estab 
lishing  a  national  mail  route,  and  military  road, 
but  the  creation  of  iron  ligaments,  with  which 
to  bind  together  discordant  States,  and  the 
establishment  of  a  great  avenue  for  travel  and 
commerce  across  the  continent,  connecting  the 
people  of  this  country,  by  a  direct  line  of  rail 
road  and  ocean  steamers,  with  the  populous  and 
wealthy  Asiatic  States,  and  the  East  India 
Islands,  which,  it  is  said,  is  to  control  the  trade 
of  this  continent,  of  Europe,  and  of  the  world. ' ' 
He  strongly  objected  to  the  conferring  of  a 
power  of  such  vast  consequences  upon  a  mail 
contractor. 

Congress  should  locate  the  general  route  of 


124  JAMES  HARLAN 

the  railroad  for  many  reasons.  In  the  first 
place,  if  a  route  were  chosen  before  the  contract 
was  let  it  would  secure  fair  competition  among 
bidders.  The  contract  might  then  be  let  to  one 
company  or  the  road  might  be  divided  into  sec 
tions  and  given  to  separate  companies  to  con 
struct.  Again  Congress  should  act  in  order  that 
the  most  direct  route  might  be  secured.  If  the 
choice  were  left  to  a  contractor  he  might  choose 
the  most  circuitous  route,  since  that  would  be 
distinctly  to  his  advantage,  and  there  was  noth 
ing  in  the  way  of  assurance  that  the  contractor 
would  not  cease  his  operations  when  he  had 
reached  the  mountains  where  railroad  construc 
tion  was  more  difficult  and  expensive  than  on 
the  plains.  Finally,  Congress  should  locate  the 
route  because  it  was,  or  ought  to  be,  the  best 
qualified  to  make  an  enlightened  and  impartial 
choice.  Harlan  severely  arraigned  Senators 
who  wished  to  shift  the  responsibility  on  the 
ground  of  lack  of  information,  when  the  gov 
ernment  had  expended  over  a  million  dollars  in 
surveying  the  proposed  routes  and  in  publishing 
elaborate  reports. 

In  conclusion,  Senator  Harlan  indicated  the 
route  which  he  preferred.  There  was  little 
difference  in  the  difficulties  or  expense  of  the 
three  routes  proposed.  A  railroad  could  be 
built  on  any  one  of  them  within  the  period  of 
ten  or  twelve  years.  But  he  believed  that 


THE  PACIFIC  RAILROAD  BILL        125 

neither  the  extreme  northern  nor  the  extreme 
southern  route  could  honestly  be  defended.  He 
advocated  a  line  between  the  thirty-seventh  and 
forty-second  degrees  of  north  latitude,  because 
such  a  line  would  be  nearer  the  geographical 
center  of  the  country,  but  especially  because  it 
would  lead  out  from  the  centers  of  population 
and  wealth.  He  therefore  moved  that  the  bill 
be  so  amended  as  to  require  the  location  of  the 
road  between  the  thirty- seventh  and  forty- 
second  parallels.165 

A  few  days  later  Harlan  again  spoke  in  sup 
port  of  his  amendment  and  proceeded  to 
marshal  the  votes  which  could  be  counted  on  to 
favor  the  central  route.  The  solid  vote  of  the 
five  States  of  the  Old  Northwest,  of  Minnesota, 
Iowa,  and  Missouri,  and  of  New  York  and 
Pennsylvania,  was  assured  —  in  all  twenty 
votes.  New  England's  votes,  which  he  hoped  to 
secure,  would  increase  the  number  to  thirty- 
two,  and  California  would  swell  it  to  thirty- 
four  —  a  clear  majority  in  the  Senate.  He  was 
positive  in  his  declaration  that  unless  some 
such  amendment  should  be  adopted,  so  as  to 
locate  the  route  near  the  center  of  the  Republic, 
the  bill  could  not  be  passed.166 

Although  no  final  decision  in  regard  to  the 
location  of  the  Pacific  Railroad  was  reached  at 
this  session  of  Congress,  it  can  not  be  doubted 
that  Senator  Harlan 's  clear  and  logical  argu- 


126  JAMES   HARLAN 

ments  had  much  force  in  determining  the  atti 
tude  of  many  of  his  colleagues.  That  he  was 
actuated  by  a  desire  to  promote  the  general 
welfare  of  the  country,  rather  than  merely  to 
please  his  own  constituents,  is  indicated  by  the 
fact  that  the  limits  set  in  his  amendment  in 
cluded  nearly  all  of  Missouri,  while  they 
included  only  the  southern  half  of  Iowa. 

The  agricultural  college  land  grant,  the 
Indian  appropriation  bill,  the  Mobile  and  Ohio 
Eailroad  bill,  the  contested  election  of  a  Senator 
from  Indiana,  a  bill  to  establish  a  post  route  in 
the  far  West,  and  the  post-office  appropriation 
bill,  were  among  the  subjects  which  drew  occa 
sional  remarks  from  Senator  Harlan  during  the 
course  of  debate.107  But  of  all  these  the  bill 
which  was  watched  with  the  greatest  interest  by 
the  people  of  Iowa  was  the  one  granting  a  large 
amount  of  land  to  the  various  States  to  aid  in 
the  establishment  of  agricultural  colleges.  This 
bill,  or  others  of  a  similar  character,  had  been 
before  Congress  for  several  preceding  sessions, 
and  was  destined  to  failure  again  this  session, 
although  in  this  instance  it  lacked  only  the  ap 
proval  of  the  President.  But  Harlan 's  remarks 
in  support  of  this  bill  indicate  not  only  his 
personal  attitude  on  the  subject,  but  also  reveal 
his  strong  democratic  principles. 

On  the  first  day  of  February,  1859,  Harlan 
replied  to  Senator  James  M.  Mason  of  Virginia, 


THE  PACIFIC  RAILROAD  BILL        127 

who  strongly  opposed  the  measure.  He  was  at 
a  loss,  he  declared,  to  see  in  the  pending  propo 
sition  anything  in  the  nature  of  a  bribe  to  the 
States.  It  merely  proposed  that  the  States  be 
come  trustees  for  the  disposition  of  a  few 
thousand  acres  of  land.  The  bill  did  not  coerce 
a  State  into  acceptance  of  the  trust.  "If 
Virginia  or  Georgia  concludes  that  it  will  not  be 
for  the  advancement  of  the  interests  of  the 
people  of  those  States  to  accept  this  trust  they 
can  decline  its  acceptance;  but  other  States  of 
the  Union,  who  are  not  so  fearful  of  the  conse 
quences  to  flow  from  the  establishment  of 
educational  institutions,  and  systems  of  com 
mon  schools,  as  is  the  State  of  Virginia,  may 
accept  the  trust,  as  it  seems  to  me,  without  dis 
honor  to  themselves  or  danger  to  the  people 
who  are  interested." 

He  conceded  that  there  might  be  no  specific 
provision  in  the  Constitution  authorizing  this 
method  of  disposing  of  the  public  lands,  but 
neither  had  there  been  for  various  similar 
grants  in  the  past.  "There  may  be  those ", 
rang  out  the  closing  words  of  his  main  speech, 
"who  are  not  disposed  to  give  the  means  for 
the  development  of  the  minds  of  the  masses; 
.  .  .  .  it  may  be  that  it  is  a  blessing  to  Vir 
ginia  that  she  is  now  more  largely  represented 
by  adult  white  people  who  are  unable  to  read 
and  write,  in  proportion  to  her  population,  than 


128  JAMES  HARLAN 

any  other  State  of  the  Union;  it  is  a  blessing, 
however,  that  the  people  of  my  State  do  not 
covet.  They  prefer  a  different  condition  of 
things.  They  prefer  that  the  mind  of  the  labor 
er  should  be  developed ;  that  the  intellect  of  the 
man  who  labors  and  sweats  for  his  own  bread 
should  be  more  highly  endowed,  in  order  that 
that  class  of  people  may  become  their  own 
representatives,  even  in  the  legislative  halls  of 
the  nation.  "168 

An  interesting  side-light  on  the  career  of 
James  Harlan  during  this  session  of  Congress 
is  furnished  by  statements  which  had  begun  to 
be  circulated  in  Iowa  to  the  effect  that  Senator 
Grimes  and  Senator  Harlan  were  not  friends. 
These  statements,  which  were  clearly  made  for 
the  purpose  of  hindering  Harlan 's  chances  for 
reelection,  were  no  doubt  based  in  part  on  a 
letter  by  Henry  Clay  Dean  which  appeared  in  a 
Dubuque  newspaper.  "Grimes  wants  Harlan 
out  of  the  way",  declared  Dean  in  this  letter. 
"Harlan  is  moral,  Grimes  is  unscrupulous. 
Harlan  is  not  a  smooth  speaker  but  he  is  no 
mean  debater. —  Grimes  never  makes  a  speech 
until  he  has  gotten  it  by  heart,  and  most  of  his 
speeches  are  plagiarisms.  .  .  .  Grimes  is  a 
traveling  illustrated  definition  of  the  word 
PERFIDY  incarnate.  .  .  .  Harlan,  on  the 
other  hand  is  revengeful  and  will  make  war 
openly  on  Grimes  upon  the  first  outbreak 


THE  PACIFIC  RAILROAD  BILL        129 

against  him.  Grimes  has  some  of  the  poli 
ticians,  under  his  control.  But  Harlan  has  the 
whole  Methodist  church  at  his  command  in  a 
contest  and  nearly  the  whole  church  are  Repub 
licans:  If  Harlan  is  not  re-elected  Senator,  he 
will  be  made  Bishop.  "169 

The  falsity  of  these  statements,  however,  is 
amply  proven  by  the  correspondence  which 
passed  between  the  two  Senators  during  this 
period.  Their  letters  reveal  nothing  but  the 
utmost  good  will  and  confidence,  and  especially 
is  this  true  of  the  letters  written  by  Grimes, 
who  was  usually  stated  to  be  the  aggressor.170 
"You  will  see  that  Dean  is  almost  as  compli 
mentary  to  you  as  he  is  to  me,"  was  his  good- 
natured  comment  on  the  Dean  letter,  "but  you 
are  to  have  the  advantage  of  me  in  the  end,  for 
you  are  to  be  a  *  bishop'  when  you  quit  politics 

and  I  suppose  the  d 1  will  get  me  in  his 

opinion  at  any  rate."171 


XIII 

STATE  POLITICS  IN  1859 

AFTER  the  adjournment  of  Congress  in  March, 
Senator  Harlan  hastened  to  Iowa  to  make 
preparations  for  active  participation  in  the 
campaign  of  1859.  By  this  time  he  evidently 
desired  reelection  and  sought  to  make  his  en 
dorsement  emphatic.  He  vigorously  cham 
pioned  the  Republican  cause  in  this  campaign 
upon  which  hung  many  important  issues,  in 
cluding  the  choice  of  a  Governor.  The  Repub 
lican  party  controlled  the  State  government, 
but  by  such  a  small  margin  as  to  render  its 
position  precarious. 

Among  the  conditions  which  threatened  to 
undermine  the  success  of  the  party  in  Iowa  at 
this  time  was  the  wave  of  Knownothingism. 
The  German  Republicans  of  the  Mississippi 
River  counties  had  become  alarmed  at  the 
Massachusetts  proposition  extending  the  pre 
liminary-residence  period  of  foreign-born  citi 
zens.  Consequently  they  addressed  a  letter  to 
the  Iowa  Senators  and  Representatives,  re 
questing  them  to  define  their  position  on  the 

130 


STATE  POLITICS  IN  1859  131 

efforts  made  in  some  quarters  to  discriminate 
between  native  and  foreign-born  citizens  in  the 
matter  of  suffrage.  Harlan  replied  in  a  printed 
letter  which  answered  the  questions  of  the 
German  Eepublicans  in  a  manner  so  satisfac 
tory  that  the  threatened  bolt  was  averted.  He 
declared  that  he  was  opposed  to  any  material 
change  in  the  naturalization  laws,  and  that  he 
did  not  approve  of  any  discrimination  whatever 
against  the  rights  of  naturalized  citizens.172 

The  Eepublican  State  Convention  was  held  at 
Des  Moines  on  June  22nd,  and  the  most  effective 
speech  of  the  convention  was  made  by  Senator 
Harlan  on  the  subject : '  '  The  Democratic  Party : 
Its  Responsibility,  its  Practice  and  Policy,  since 
the  Inauguration  of  Franklin  Pierce,  March  4th, 
1853."  He  indicted  the  Democratic  party  on 
seven  counts,  all  of  which  were  supported  by  a 
formidable  array  of  facts  and  conclusions. 

First,  he  declared,  the  Democratic  party  was 
responsible  for  the  evils  in  the  public  affairs  of 
the  Nation,  including  the  enactment  of  a  slave 
code  of  laws  for  a  free  people  and  its  enforce 
ment  in  Kansas  by  federal  bayonets.  Second, 
that  party  had  abandoned  its  long  cherished 
principles  and  adopted  a  new  platform  with  a 
single  plank:  the  constitutional  right  of  the 
slave-holder  to  emigrate  with  his  slaves  into  the 
Territories.  Third,  the  Democracy  in  the  free 
States  had  surrendered  the  administration  of 


132  JAMES  HARLAN 

the  government  into  the  hands  of  southern  men. 
Fourth,  the  increased  expenses  of  the  govern 
ment  under  southern  Democratic  rule  had  been 
enormous  and  unnecessary.  Fifth,  the  burden 
of  this  increased  expenditure  had  fallen  chiefly 
upon  the  North.  Sixth,  as  measures  of  relief 
the  Democratic  party  had  nothing  better  to  pro 
pose  than  increased  taxation  and  the  spread  of 
slave  territory  by  the  occupation  and  forcible 
acquisition  of  Mexico  and  Central  America. 
Seventh,  in  no  essential  principle  or  practice 
did  the  Douglas  Democracy  differ  from  the 
Buchanan  Democracy. 

The  Senator's  peroration  was  a  powerful  ap 
peal  to  Eepublicans  to  defend  the  great  truths 
for  which  their  party  stood.  "God  has  raised 
it  up,"  he  verily  believed,  "to  drive  from  the 
temples  of  liberty  the  money-changers,  and  the 
dealers  in  the  bodies  and  souls  of  men,  who  have 
defiled  its  altars,  to  restore  to  the  government 
the  principles  which  controlled  its  administra 
tion  by  our  fathers,  to  secure  the  perpetuity  of 
civil  liberty  to  coming  generations,  and  to  con 
trol  the  vast  energies  of  this  great  Republic, 
which  is  acquiring,  with  gigantic  strides,  the 
power  and  influence  among  the  nations  once 
maintained  by  the  Republic  of  Rome".  The 
contest  in  Iowa  was  characterized  as  another 
great  battle  for  Freedom  against  the  united 
forces  of  the  Buchanan  and  the  Douglas  Democ- 


STATE  POLITICS  IN  1859  133 

racy,  "the  first  as  leaders  asking  for  office  — 
the  latter,  as  the  rank  and  file,  to  perform  the 
labor. "  Eef erring  to  the  anticipated  visit  of 
Stephen  A.  Douglas  to  Iowa,  he  pictured  the 
"Little  Giant "  sallying  forth  like  another 
Diogenes,  with  his  party  thermometer  in  his 
hand,  to  ascertain  the  boundaries  of  freedom 
and  slavery. 

"When  they  tell  you  that  the  slavery  question 
rests  on  laws  higher  than  those  of  legislative 
enactment, "  appealed  the  Senator  in  conclu 
sion,  "remind  them  that  you  know  of  no  law 
higher  than  the  laws  of  nature  and  of  nature 's 
God  by  which  slavery  has  been  condemned  from 
the  earliest  ages  of  civilization. —  When  they 
tell  you  that  it  is  a  question  which  <  self  -interest' 
must  control,  inform  them  that  your  t  self  inter 
est  '  as  tax  payers,  demands  the  exclusion  of 
slavery  from  free  territories,  and  the  admission 
of  free  States  into  the  confederacy.  .  .  . 
and  that  your  i  self  respect '  among  the  civilized 
and  Christian  nations,  as  well  as  your  'self 
interest',  requires  the  prompt  removal  of  the 
Democratic  Party  from  power,  and  the  restora 
tion  of  the  government  to  the  principles  which 
controlled  its  administration  by  its  founders. 
For  the  accomplishment  of  this  result  every 
Eepublican,  and  every  freedom-loving  Demo 
crat  in  the  nation  will  be  held  responsible  by 
posterity.  "173 


134  JAMES  HARLAN 

It  was  the  impassioned  speech  of  a  man  deep 
ly  in  earnest,  to  an  audience  equally  earnest  in 
its  opposition  to  slavery.  It  opened  the  cam 
paign  with  a  vigor  and  directness  of  attack 
wrhich  compelled  the  respect  of  the  Democrats 
as  well  as  the  admiration  and  praise  of  the 
Republicans.  Not  only  was  the  speech  com 
mended  and  published  by  Republican  news 
papers  in  Iowa,  but  it  was  used  as  a  campaign 
document  by  the  party  in  other  States.174 
Moreover,  it  practically  settled  all  remaining 
questions  as  to  the  senatorial  succession. 

Throughout  the  campaign  which  followed, 
James  Harlan  labored  faithfully  in  support  of 
the  Republican  State  ticket  with  Samuel  J. 
Kirkw^ood  at  its  head,  and  in  the  end  had  the 
satisfaction  of  seeing  his  party  victorious  at 
the  polls.  Meanwhile,  the  question  of  the 
senatorship  had  been  widely  discussed  in  the 
newspapers,  for  the  next  legislature  would  be 
called  upon  to  select  a  successor  to  Senator 
Harlan,  whose  term  would  end  on  March  4, 
1861.  The  Democrats  apparently  had  small 
hope  of  electing  a  Governor  or  other  State  of 
ficers,  and  as  a  consequence  they  concentrated 
their  energies  upon  the  effort  to  secure  a 
majority  in  the  legislature  and  thus  to  secure 
a  United  States  Senator.  Previous  to  the  elec 
tion,  therefore,  the  Republicans  were  not  so 
much  concerned  as  to  the  particular  man  who 


STATE  POLITICS  IN  1859  135 

should  be  their  candidate  for  Senator  as  they 
were  to  defeat  the  plans  of  the  Democrats. 

After  the  election,  when  it  was  found  that  the 
Republicans  had  a  large  majority  in  the  legis 
lature,  various  men  were  spoken  of  for  the 
senatorship.  From  the  first  it  was  evident  that 
the  great  mass  of  the  people  desired  the  re 
election  of  James  Harlan;  but  he  was  con 
stantly  warned  by  his  friends  that  various 
politicians  throughout  the  State  were  looking 
toward  his  position  with  envious  eyes.  Timothy 
Davis,  Thomas  H.  Benton,  Jr.,  Fitz  Henry 
Warren,  John  A.  Kasson,  and  George  G.  Wright 
were  among  those  whose  names  appeared  as 
possible  rivals  to  Harlan.  But  there  was  little 
ground  for  fear.  None  of  these  men  made 
strenuous  efforts  to  secure  the  position,  and 
some  of  them  clearly  had  no  thought  of  entering 
the  contest. 

At  the  caucus  of  the  Eepublican  members  of 
the  legislature,  held  on  the  evening  of  January 
12,  1860,  James  Harlan  was  unanimously  nom 
inated  for  reelection  to  the  United  States 
Senate.  Two  days  later,  in  the  joint  convention 
of  the  two  houses,  Harlan  received  seventy- 
three  votes,  as  opposed  to  fifty-two  cast  for 
his  Democratic  opponent,  Augustus  Caesar 
Dodge.175  So  popular  was  Harlan  at  this  time 
that  certain  enthusiastic  admirers  sought  to 
boom  him  for  the  vice-presidency.176 


XIV 

THE  HOMESTEAD  BILL 

PROBLEMS  connected  with  the  disposal  of  the 
public  lands  claimed  the  greater  part  of  Sena 
tor  Harlan's  time  and  attention  during  the  first 
session  of  the  Thirty-sixth  Congress,  which 
convened  in  December,  1859.  At  the  opening 
of  the  session  he  was  given  a  place  on  three 
committees:  Public  Lands,  Pensions,  and  En 
grossed  Bills.  But  later  the  work  of  the  Com 
mittee  on  Public  Lands  became  so  burdensome 
that  he  asked  and  secured  a  release  from  ser 
vice  on  the  Committee  on  Pensions  of  which  his 
colleague,  James  W.  Grimes,  was  also  a  mem 
ber.177  The  numerous  petitions  which  came 
from  the  people  of  Iowa  indicate  clearly  the 
trend  of  their  desires  and  the  needs  of  a  grow 
ing  frontier  State.  Mail  routes,  the  right  of 
preemption  for  settlers  on  the  Indian  reserva 
tions  and  military  reserves  and  for  relatives  of 
settlers  who  had  been  murdered  in  the  Spirit 
Lake  massacre,  a  general  homestead  law,  pen 
sion  and  bounty  lands  for  veterans  of  the  War 
of  1812,  and  the  repeal  of  the  Fugitive  Slave 

136 


THE  HOMESTEAD  BILL  137 

Law  were  among  the  subjects  upon  which  Con 
gress  was  asked  to  legislate.178 

The  first  speech  by  Senator  Harlan  during 
this  session  was  made  on  January  4,  1860,  and 
was  an  argument  against  the  position  taken  by 
the  President,  in  his  message,  relative  to  the 
extension  of  slavery  into  the  Territories. 
President  Buchanan  had  declared  that  the  right 
"of  every  citizen  to  take  his  property  of  any 
kind,  including  slaves,  into  the  common  Terri 
tories  belonging  equally  to  all  the  States  of  the 
Confederacy, "  was  fully  established,  and  that 
"neither  Congress  nor  a  Territorial  Legislature 
nor  any  human  power  has  any  authority  to 
annul  or  impair  this  vested  right ". 

Harlan  opened  his  attack  on  the  President  by 
declaring  that  "the  two  great  political  parties 
of  the  country  may  now  begin  to  understand 
each  other. "  Quoting  the  President's  words, 
as  voicing  the  attitude  of  the  Democratic  party, 
he  reasoned  that  the  inevitable  corollary  was 
that  Congress  must  protect  property  in  slaves 
in  the  same  manner  as  other  property  taken  to 
the  Territories  was  protected.  "The  Repub 
licans  deny  the  premises, "  he  continued,  "and 
are  not  therefore  bound  by  the  conclusion." 
He  held  that  the  reasoning  of  the  President  was 
as  applicable  to  the  States  as  to  the  Territories, 
since  there  still  remained  in  many  of  the  States 
large  areas  of  unsold  public  lands.  If  the  intro- 


138  JAMES  HARLAN 

duction  of  slaves  into  the  Territories  could  be 
demanded  by  the  slaveholders  on  the  ground 
that  the  land  in  the  Territories  was  the  common 
possession  of  the  whole  Nation,  they  might  with 
equal  reason  demand  the  admission  of  slaves 
into  all  the  States  containing  public  domain. 
Moreover,  if  the  South  were  to  be  consistent 
in  its  demand  for  the  protection  of  property  in 
slaves  it  must  also  demand  the  repeal  of  the 
laws  against  slave-trading. 

He  maintained  that  the  right  of  Congress  to 
legislate  for  the  Territories  had  been  repeatedly 
recognized  and  must  be  generally  conceded.  It 
was  therefore  a  question  of  what  policy  should 
prevail.  ' t  The  policy  of  the  Eepublican  party ' ', 
he  said,  "invites  the  Anglo-Saxon,  the  Celt,  the 
Gaul,  and  others  of  Caucasian  blood,  by  its  pro 
posed  preemption  and  homestead  laws,  to  enter 
and  occupy  them;  and  by  the  exclusion  of 
slavery  it  will  practically  exclude  the  negro  and 
kindred  races."  The  negroes  either  could  not 
or  would  not  emigrate  to  the  Territories  in  large 
numbers  of  their  own  free  will.  Moreover,  ne 
groes  were  not  needed  to  carry  on  the  work  of 
the  fields,  even  in  the  southern  Territories,  as 
the  slave-holders  contended,  for  it  had  been 
amply  proven  by  scientists  that  the  white  race 
was  superior  in  powers  of  endurance  to  the 
negro. 

"On  the  other  hand,"  continued  the  Senator, 


THE  HOMESTEAD  BILL  139 

"the  direct  and  immediate  effect  of  continuing 
the  policy  of  the  Democratic  party,  as  defined 
by  the  President  in  his  message,  and  sustained 
by  every  Democratic  member  of  the  Senate  and 
House,  and  the  Democratic  members  of  the 
Supreme  Court,  would  be  to  fill  the  virgin  Ter 
ritories  with  negroes,  wherever  negro  labor  can 
be  made  profitable. ' '  This  had  clearly  been  the 
purpose  ever  since  the  repeal  of  the  Missouri 
Compromise.  If  the  negroes  were  in  every 
respect  an  inferior  race,  as  the  Democrats 
maintained,  "why  stimulate  their  multiplication 
and  coerced  emigration  to  the  most  desirable 
part  of  the  continent,  to  the  exclusion  of  mil 
lions  of  our  own  blood  ?" 

Senator  Harlan  closed  his  speech  by  refer 
ring  in  scathing  terms  to  the  threat  of  the  South 
to  dissolve  the  Union  in  case  a  Eepublican 
should  be  elected  President  of  the  United 
States.  "We  must  change,  because  you  have 
changed !  We  must  repudiate,  because  you  have 
discarded  the  opinions  of  the  fathers!  When 
we  approach  the  polls,  we  must  represent  your 
opinions  and  not  our  own,  by  our  votes !  That 
is,  we  must  cease  to  be  freemen,  and  become 
your  political  slaves!  If  your  political  oppo 
nents  will  destroy  their  platform  and  dissolve 
their  organization;  if  the  free  States  will  de 
stroy  their  constitutions  and  repeal  their  laws 
on  the  subject  of  slavery;  if  a  majority  of  the 


140  JAMES  HARLAN 

freemen  of  the  country  will  stultify  their  own 
judgments,  and  trample  under  foot  their  con 
sciences  ;  give  up  freedom  of  speech  and  of  the 
press,  and  cease  to  exercise  the  rights  of  free 
men  at  the  polls,  you  will  graciously  permit  the 
Union  to  be  continued !  Well,  sir,  this  mode  of 
preserving  the  Union  would  cost  us  too  much. 
We  have  the  hearts  and  heads  and  hands  and 
will  to  preserve  it  in  a  cheaper  manner,  let  the 
crisis  come  when  it  may."179 

This  speech  met  with  hearty  approval  not 
only  in  Iowa,  but  throughout  the  country.  It 
was  printed  in  pamphlet  form  for  use  as  a  cam 
paign  document,  and  was  translated  into  the 
German  language  for  the  benefit  of  the  German 
voters  of  the  country.180 

In  March  in  the  debate  on  a  bill  to  amend  the 
act  of  1853  establishing  a  Court  of  Claims, 
Senator  Harlan  crossed  swords  with  Senator 
Crittenden  and  offered  an  amendment  which 
was  gladly  accepted.181  The  naval  appropria 
tion  bill  brought  from  him  some  searching 
remarks  a  few  weeks  later.182  About  the  middle 
of  April  he  took  part  in  the  debate  on  a  bill  for 
the  benefit  of  the  public  schools  of  the  District 
of  Columbia.  He  held  that  the  principles  con 
trolling  legislation  on  this  subject  in  the  States 
were  equally  applicable  in  the  District  of  Co 
lumbia.  It  would  be  cheaper  to  contribute 
something  for  the  education  of  the  children  of 


THE  HOMESTEAD  BILL  141 

the  District  than  to  support  those  children  in 
the  poor-houses,  hospitals,  jails,  and  penitentia 
ries.  To  an  amendment  that  the  children  of 
no  person  taxed  under  the  provisions  of  the  act 
should  be  debarred  from  the  public  schools,  Mr. 
Harlan  offered  an  amendment  that  "separate 
schools  shall  be  provided  for  the  education  of 
the  colored  children  of  the  District."183 

The  subject  on  which  the  voice  of  James 
Harlan  was  heard  most  frequently  and  most 
effectively  during  this  session,  however,  was 
the  Homestead  Bill.  And,  much  as  a  majority 
of  the  people  of  Iowa  were  pleased  at  his  firm 
stand  against  the  extension  of  slavery,  this  was 
the  subject  which  was  of  the  most  personal  in 
terest  to  them.  The  passage  of  a  homestead 
law  would  mean  increased  prosperity  through 
out  the  West,  where  fertile  farms  were  in 
abundance  and  only  awaited  the  coming  of  the 
home-seeking  settler  to  produce  untold  wealth. 

The  Homestead  Bill,  or  rather  several  bills, 
had  been  before  Congress  almost  from  the  be 
ginning  of  the  session.  The  whole  question  had 
been  thrashed  over  carefully  in  the  Committee 
on  Public  Lands  by  the  time  James  Harlan  first 
entered  the  debate  in  the  Senate  on  April  3rd, 
and  a  compromise  bill  had  been  substituted  for 
the  original  House  and  Senate  bills.  Through 
out  the  remainder  of  the  session  until  the  bill 
failed  to  pass  over  the  President's  veto,  Harlan 


142  JAMES  HARLAN 

labored  faithfully  in  support  of  the  measure. 
The  substitute  bill  was  far  from  being  the  kind 
of  a  law  he  desired,  but  he  gave  it  his  hearty 
support  because  it  was  a  step  in  the  right  direc 
tion  and  a  more  comprehensive  homestead  law 
could  not  be  passed  at  that  time.  He  made  few 
set  speeches  on  the  subject,  but  throughout  the 
long  debate  was  always  ready  with  accurate 
information  to  meet  the  points  of  the  opposi 
tion,  and  showed  his  mastery  of  the  problems 
involved.184 

The  bill  finally  passed  both  houses  and  was 
submitted  to  President  Buchanan,  who  vetoed 
it,  as  Harlan  had  anticipated,  and  returned  it 
with  a  statement  of  his  objections.  In  his  reply 
to  these  objections  on  June  23,  1860,  may  be 
found  a  summary  of  Senator  Harlan 's  attitude 
toward  homestead  legislation.  In  the  first 
place,  the  law  did  not,  as  the  President  de 
clared,  give  away  public  lands;  because  actual 
settlers  were  required  to  pay  twenty-five  cents 
an  acre,  and  the  original  price  of  one  dollar  and 
twenty-five  cents  an  acre  was  retained  for  all 
other  purchasers.  Moreover,  it  simply  meant 
the  abandonment  of  property  which  had  been  on 
the  market  so  long  that  it  had  ceased  to  be  of 
value  to  the  general  government.  He  denied 
the  President's  assertion  that  it  was  a  discrim 
ination  against  actual  settlers  already  in  the 
West,  against  old  soldiers  who  had  been  given 


THE  HOMESTEAD  BILL  143 

bounty  lands,  against  mechanics  and  other 
classes  of  citizens  than  farmers,  or  against  the 
older  States.  The  greater  immigration  to  the 
West  and  the  greater  prosperity  which  would 
result  from  the  proposed  legislation  would 
mean  increased  value  for  all  the  property  al 
ready  in  the  possession  of  the  citizens  of  the 
region  affected. 

The  statement  that  a  homestead  law  would 
"open  one  vast  field  for  speculation ",  Harlan 
dismissed  as  not  worthy  of  notice.  He  thought 
the  President's  fear  that  the  law  would  mate 
rially  dimmish  the  public  revenue  was  un 
founded.  Experience  with  a  similar  law  in 
Oregon  Territory  had  proved  that  a  very  large 
per  cent  of  the  settlers  bought  their  land  at  the 
regular  price  of  one  dollar  and  twenty-five  cents 
an  acre,  before  the  expiration  of  the  required 
period  of  occupancy,  in  order  that  they  might 
sell  and  thus  better  their  condition.  The  value 
of  property  would  increase  so  rapidly,  as  the 
result  of  settlement,  that  settlers  would  feel  it 
to  their  advantage  to  secure  legal  title  at  the 
earliest  possible  moment.  Finally,  to  the  ob 
jection  that  the  bill  would  cut  off  a  source  of 
revenue  in  times  of  difficulty  and  danger,  he 
replied  that  it  was  well  known  that  in  times  of 
war  or  financial  stringency  the  sale  of  public 
lands  was  reduced  to  a  minimum  and  could  not 
be  depended  upon  as  a  source  of  revenue.185 


144  JAMES  HARLAN 

The  bill  lacked  three  votes  in  the  Senate  of 
passing  over  the  President's  veto,  and  its  defeat 
is  to  be  attributed  not  so  much  to  objections  to 
the  bill  itself  as  to  the  opposition  of  the  South 
to  any  homestead  legislation.  The  South  right 
ly  feared  that  such  a  law  would  result  in  greater 
population  and  increased  power  in  the  free 
States  of  the  North  and  West.186  In  fact  it  was 
not  until  two  years  later,  when  a  Eepublican 
President  was  in  the  White  House,  that  the 
people  of  the  West  secured  the  measure  they  so 
much  desired.  But  James  Harlan's  loyal  sup 
port  of  the  bill  did  not  pass  unnoticed  or  un- 
remembered  by  his  constituents  in  Iowa. 


XV 

OPPOSITION  TO  DISUNION 

CONGEESS  adjourned  on  June  25, 1860,  and  after 
a  brief  executive  session  of  the  Senate,  James 
Harlan  and  his  family,  who  had  spent  the  winter 
in  Washington,  journeyed  homeward  by  way  of 
Lexington  and  Indianapolis.  At  Burlington, 
where  they  were  delayed  over  the  night  of  July 
3rd,  they  were  given  a  "  reception "  by  the 
"Wide  Awakes ",  as  the  Republican  clubs  were 
called  in  the  campaign  of  1860.  "We  reached 
our  home  in  Mt.  Pleasant,  Iowa,  the  next  day, 
July  4th,  1860,  where  we  were  warmly  greeted 
by  our  neighbors;  who,  at  once,  commenced 
making  arrangements  for  a  public  meeting", 
writes  Harlan.  The  meeting  was  held  on  July 
7th  in  the  court  house  yard,  where  a  large  crowd 
of  citizens  from  the  town  and  surrounding 
country  gathered  to  listen  to  a  speech  by  their 
favorite.  The  Senator  responded  by  a  bold  at 
tack  on  the  record  and  policies  of  the  Demo 
cratic  party.187 

This  address  to  neighbors  and  friends  was  the 
beginning  of  a  long  series  of  speeches  made  by 

10  145 


146  JAMES  HARLAN 

Senator  Harlan  during  the  succeeding  four 
months.  Never  before  had  the  people  of  Iowa 
taken  such  a  deep  interest  in  a  presidential 
election,  and  never  before  was  there  such  need 
of  sane,  fair-minded,  convincing  stump  speakers. 
Senator  Harlan  placed  himself  unreservedly 
at  the  disposal  of  his  party  and  traveled 
throughout  the  State,  speaking  in  his  usual 
clear  and  logical  manner  on  the  questions  of  the 
hour.  The  difficulties  of  campaigning  were  by 
no  means  small  even  in  1860.  For  instance,  in 
order  to  fill  an  engagement  to  speak  at  a  great 
mass  meeting  held  in  Cedar  Falls  on  September 
6th,  Harlan  spent  a  night  and  much  of  the  fol 
lowing  day  in  journeying,  first  eastward  into 
central  Illinois,  thence  to  Dubuque  and  west 
ward  to  Waterloo,  from  which  point  he  was 
taken  by  carriage  six  miles  to  his  destination.188 
Throughout  a  part  of  the  canvass  he  was  feel 
ing  far  from  well.  But  in  spite  of  all  difficulties 
he  endeavored  to  fulfill  all  his  engagements, 
and  even  refused  to  cancel  an  appointment  at 
the  small  town  of  Salem  in  order  to  speak  at  a 
great  meeting  at  Des  Moines  which  people  jour 
neyed  long  distances  to  attend.189 

During  this  campaign  the  Senator  often 
found  himself  in  situations  which  called  for 
rare  tact  and  ability  to  estimate  the  character 
of  his  audience.  At  Bloomfield  on  September 
13th,  he  spoke  to  an  audience  of  emigrants  from 


OPPOSITION  TO  DISUNION  147 

the  border  States  of  Maryland,  Virginia, 
Kentucky,  and  Tennessee.  They  were  much 
prejudiced  against  anything  that  savored  of 
abolitionism  and  were  suspicious  of  Republican 
doctrines.  Consequently  the  speaker  was  care 
ful  to  avoid  anything  that  would  tend  to  stir 
up  and  increase  this  prejudice,  addressing  him 
self  in  general  terms  "to  the  judgment  and 
patriotism "  of  his  hearers.190 

Two  weeks  later  at  Sidney,  in  the  extreme 
southwest  corner  of  Iowa,  Harlan  found  a  con 
dition  of  affairs  even  more  embarrassing.  The 
people  were  strongly  southern  in  sentiment,  and 
in  fact  no  Eepublican  rally  had  ever  been  held 
in  the  county.  "The  Eepublicans  desired  to 
make  a  strong  impression  on  the  public  mind; 
and  had  arranged  to  have  a  *  pole-raising ',  as  it 
was  called,  in  the  morning,  preceding  the  speak 
ing.  The  opposition  was  equally  anxious  to 
defeat  this  effort;  and  during  the  night  stole 
and  concealed  the  ropes  and  pullies  brought 
into  the  town  during  the  preceding  day,  for  use 
in  raising  the  Eepublican  pole  and  flag.  The 
Eepublicans,  however,  by  sending  several  miles 
into  the  country,  procured  other  tackle,  and  with 
an  improvised  derrick,  accomplished  their  pur 
pose/' 

The  next  move  of  the  opposition  was  to 
threaten  to  mob  the  speakers,  including  the 
Senator,  if  they  persisted  in  defending  Eepub- 


148  JAMES  HARLAN 

lican  principles  in  Sidney.  "I,  however, 
quieted  all  apprehension  of  a  disturbance ", 
writes  Harlan  in  describing  this  event,  "by 
commencing  my  speech  with  a  vigorous  assault 
on  any  party  which  advocated  principles  that 
would  not  bear  public  discussion,  and  an  earnest 
defense  of  i freedom  of  speech  and  of  the  press*, 
without  which  a  free  government  could  not 
exist.  I  had  a  very  quiet  and  attentive 
audience.  "191 

On  the  following  day  Harlan  crossed  over 
into  the  Territory  of  Nebraska  and  delivered  a 
speech  at  Nebraska  City,  where  he  was  pro 
claimed  on  large  posters  as  "the  friend  of  Free 
Territories  and  supporter  of  the  Homestead 
Bill  in  the  Senate  of  the  United  States."  He 
afterward  wrote,  however,  that  he  never 
learned  the  reason  why  he  "was  so  required  to 
spend  two  days  of  hard  traveling  over  very  bad 
roads  from  Sidney,  Iowa,  to  Nebraska  City,  and 
back  into  Iowa,  crossing  the  Missouri  river  in 
a  ferry  boat  twice,  and  thence  up  north  to  Glen- 
wood,  in  order  to  make  a  speech  to  a  community 
that  had  no  vote  in  the  approaching  election  for 
Presidential  Electors."192 

Such  were  some  of  the  incidents  and  vicissi 
tudes  of  Harlan 's  canvass  during  the  memor 
able  campaign  of  1860.  In  November  he  had 
the  satisfaction  of  seeing  the  Republican  party 
victorious  in  both  State  and  Nation,  and  of 


OPPOSITION  TO  DISUNION  149 

knowing  that  he  had  contributed  his  full  share 
in  producing  the  result. 

The  opening  of  the  second  session  of  the 
Thirty-sixth  Congress  brought  with  it  a  clear 
and  unmistakable  note  of  the  coming  conflict. 
On  December  4, 1860,  Senator  Thomas  L.  Cling- 
man  of  North  Carolina  made  the  usual  formal 
motion  to  print  the  President's  message. 
Following  this  motion,  he  commended  the 
patriotic  tone  of  the  message,  but  declared  that 
it  fell  far  short  of  stating  the  case  then  before 
the  country.  Abraham  Lincoln  had  been  elected 
"because  he  was  known  to  be  a  dangerous  man. 
He  avows  the  principle  that  is  known  as  the 
4  irrepressible  conflict/  He  declares  that  it  is 
the  purpose  of  the  North  to  make  war  upon  my 
section  until  its  social  system  has  been  de 
stroyed,  and  for  that  he  was  taken  up  and 
elected. "  He  defended  the  South  in  its  prep 
arations  for  resistance,  and  stated  his  belief 
that  unless  decided  constitutional  guarantees 
were  promptly  obtained  it  would  "be  best  for 
all  sections  that  a  peaceable  division  of  the 
public  property  should  take  place",  and  the 
slave  States  depart  from  the  Union.193 

About  a  month  later  Senator  Eobert  M.  T. 
Hunter  of  Virginia  introduced  a  resolution 
providing  for  the  retrocession  of  the  forts, 
arsenals,  magazines,  dock-yards  and  other 
public  buildings  of  the  United  States  to  the 


150  JAMES  HARLAN 

States  in  which  they  were  situated,  in  case  such 
States  expressed  a  desire  for  retrocession.194 
In  the  ensuing  debate  Senator  Harlan  was  one 
of  the  first  to  oppose  this  resolution.  On  Janu 
ary  llth  he  took  the  floor  and  spoke  continu 
ously  for  two  hours  and  a  half. 

Harlan  opened  his  speech  with  an  avowal  of 
his  willingness  to  do  anything  in  his  power  to 
allay  the  general  commotion.  What  was  its 
cause?  He  found  it  stated  in  a  letter  written 
by  Senator  Clay  of  Alabama  in  which  he  de 
clared  that  "we  cannot  live  under  the  same 
Government  with  these  people  [the  Northern 
ers],  unless  we  could  control  it."  In  other 
words  the  "minority  must  govern  the  ma 
jority!"  Here  was  the  key  to  the  situation,  as 
was  amply  illustrated  in  the  speech  of  Senator 
Hunter,  proposing  radical  changes  in  the  Con 
stitution  which  would  create  a  new  confedera 
tion  in  which  the  minority  would  control. 
"Whatever  may  be  pretended  to  the  contrary," 
continued  Harlan,  "the  real  grievance  inflicted 
on  'the  South  by  the  North,'  is  the  invitation 
extended  to  the  southern  Democracy,  on  the  6th 
day  of  last  November,  to  resign  the  reins  of 
Government  into  the  hands  of  their  political 
opponents." 

He  held  the  contract  theory  upon  which  the 
secession  argument  was  founded  to  be  un 
tenable,  but  even  granting  its  validity  the 


OPPOSITION  TO  DISUNION  151 

Eepublican  party  had  given  the  South  no 
ground  for  complaint  on  that  score.  Nor  did 
the  Republicans  differ  materially  from  the 
southern  Democrats  in  insisting  that  individual 
States  should  not  pass  laws  in  violation  of  the 
Federal  Constitution.  When  the  South  de 
manded  that  they  "ought  not  to  be  required  to 
submit  to  the  election  of  a  sectional  candidate 
to  the  Presidency "  they  were  not  logical. 
Insistence  on  this  demand  "would  render  in 
eligible  every  candidate  for  the  Presidency  at 
the  recent  election. "  Breckenridge  and  Bell 
had  both  received  their  support  almost  entirely 
in  the  South ;  while  the  North  had  given  Douglas 
over  four-fifths  of  the  votes  which  he  received. 
In  fact,  the  returns  exhibited  less  sectionalism 
in  the  support  of  Lincoln  than  of  any  other 
candidate. 

When  pressed  closely,  southern  Senators  had 
admitted  that  it  was  not  the  escape  of  a  few 
slaves,  nor  the  personal  liberty  laws,  nor  the 
election  of  Lincoln  which  justified  the  alarm  in 
the  South.  It  was  rather  "the  public  opinion 
behind  these  acts"  that  was  causing  the  com 
motion.  "It  is  demanded",  Harlan  said,  "that 
the  press,  the  pulpit,  the  legislator,  and  the 
elector,  in  the  free  States,  shall  be  restrained 
from  this  discussion  which  results  in  this  deep- 
seated  opposition  to  your  institutions."  In 
deed,  Senator  Douglas  had  introduced  a  bill  to 


152  JAMES  HARLAN 

that  effect.  No  one  must  be  permitted  to  speak 
disparagingly  of  slavery,  for  "here  is  an  insti 
tution  that  is  either  too  good  or  too  bad  to  be 
talked  about.  .  .  .  Here  is  the  image  set  up 
in  the  plain,  which  all  men  must  fall  down  and 
worship,  on  penalty  of  being  cast  into  the  fiery 
furnace.  You  have  deprived  your  people  in  the 
slave  States  of  freedom  of  speech  and  of  the 
press  on  this  subject;  and  you  now  demand  that 
the  people  of  the  free  States  shall  adopt  your 
laws  and  usages,  on  pain  of  dissolution  of  the 
Union. " 

The  demands  of  the  South  that  the  free  States 
permit  persons  to  hold  slaves  within  their 
limits  temporarily  and  for  purposes  of  transit, 
and  the  demands  for  a  recognition  of  the  equal 
ity  of  the  States  were  discussed  and  dismissed 
as  no  just  grounds  for  secession.  How  would 
secession  secure  to  the  South  the  fulfilment  of 
any  or  all  of  its  demands,  he  asked. 

All  of  these  complaints  were  mere  pretexts  on 
the  part  of  the  South.  "They  are  not  the  rea 
sons  ",  he  declared,  "of  the  bluster  and  threats 
and  menace  which  resound  through  this 
Chamber.  There  is  a  reason,  however,  which 
justifies  itself  by  every  historical  parallel.  You 
have  governed  this  country  for  the  last  sixty 
years.  You  have  controlled  its  legislation ;  you 
have  controlled  its  judiciary;  you  have  con 
trolled  its  internal  policy;  you  have  controlled 


OPPOSITION  TO  DISUNION  153 

its  foreign  relations ;  you  have  grown  haughty, 
proud,  and  —  I  say  it  without  intending  offense 
—  insolent.  Being  accustomed  to  command, 
you  have  forgotten  how  to  obey.  Although  you 
have  been  fairly  beaten  at  the  polls,  you  refuse 
to  yield  the  Government  into  the  hands  of  your 
constitutional  successors. "  The  Senator  closed 
his  speech  with  a  review  of  the  history  of  the 
Democratic  party,  and  with  a  statement  of  his 
belief  that  the  North  would  never  consent  to 
peaceable  secession.195 

A  newspaper  correspondent,  who  sat  in  the 
gallery  of  the  Senate  during  the  debate  on  the 
Hunter  resolution,  referred  to  Mr.  Harlan  as 
having  been  suffering  from  ill  health  since  the 
beginning  of  the  session,  and  as  having  re 
frained  from  participating  in  the  debate  until 
he  could  no  longer  suffer  the  sentiments  of  the 
great  Northwest  to  remain  unheard  in  the  con 
test.  "And  most  manfully  were  they  def end 
ed  ",  wrote  the  correspondent.  "Commencing 
without  embarrassment,  and  proceeding  with 
all  the  dignity  which  the  discussion  of  such  mo 
mentous  questions  should  inspire,  with  a  voice 
clear  and  distinct,  he  hurled  back  with  most 
impressive  power  and  eloquence  the  miserable 
and  treasonable  charges  that  have  been  coming 
from  the  southern  members  during  the  whole  of 
this  session.  .  .  .  For  two  hours  and  a  half 
he  held  the  attention  of  the  Senate  and  the  con- 


154  JAMES  HARLAN 

course  of  people  in  the  galleries,  to  one  of  the 
boldest  and  at  the  same  time  most  logical,  and 
rational  speeches  that  has  been  made  on  the 
affairs  of  the  country."196 

Other  Republican  newspapers  throughout 
Iowa  and  the  entire  North  were  enthusiastic  in 
their  praise  of  this  speech,  and  many  were  the 
letters  of  hearty  commendation  which  came  to 
Senator  Harlan.197 

The  Nation  was  now  drifting  rapidly  into 
civil  war.  On  December  20,  1860,  South  Caro 
lina  had  passed  an  Ordinance  of  Secession  and 
before  the  end  of  January  six  other  States  fol 
lowed  her  example.  The  feeling  throughout  the 
country  was  intense.  Senator  Harlan  was  daily 
in  receipt  of  numerous  letters  from  Iowa  con 
taining  expressions  of  loyalty  to  the  govern 
ment  and  fidelity  to  the  new  administration.  ' '  I 
am  decidedly  in  favor  of  the  government  re 
possessing  itself  of  her  arsenals  &  forts  &  other 
property  in  the  quickest  possible  time  —  in  the 
most  determined  manner  and  by  the  most  war 
like  demonstrations  if  needs  be",  wrote  Kalph 
P.  Lowe.198  From  Alvin  Saunders  at  Mt.  Pleas 
ant  came  the  statement  that  '  *  I  want  peace,  &  I 
want  the  Union  preserved  but  still  I  cannot  see 
that  the  Republicans  have  any  concessions  to 
make,  or  anything  to  take  back.  ...  At 
least  three  fourths  of  the  Democrats  here  are 
with  us  for  sustaining  the  Union".199  At 


OPPOSITION  TO  DISUNION  155 

Webster  City  a  large  meeting  of  citizens  passed 
and  sent  to  Senator  Harlan  a  series  of  resolu 
tions  enthusiastically  endorsing  the  stand  he 
had  taken  in  his  speech  of  January  llth.200 
With  hundreds  of  letters  and  endorsements 
such  as  these  the  Senator  could  not  mistake  the 
spirit  of  his  constituents. 

From  the  4th  to  the  27th  of  February  Harlan, 
together  with  the  other  members  of  the  Iowa 
delegation  at  Washington,  represented  his  State 
in  the  "  Peace  Convention "  which  had  been 
called  by  Virginia.  Twenty-one  States  were 
represented  in  this  convention,  which  adopted 
and  recommended  to  Congress  several  proposed 
amendments  to  the  Federal  Constitution,  in  the 
nature  of  a  compromise,  intended  to  give  Vir 
ginia  no  pretext  for  withdrawal  from  the 
Union.  But  the  convention  was  in  vain,  for 
soon  afterward  Virginia  and  three  other  slave 
States  joined  the  cotton  States  in  secession. 
On  the  day  on  which  the  " Peace  Convention" 
assembled  the  Confederate  Government  was 
organized.201 

On  the  day  of  Lincoln's  inauguration  an  Iowa 
farmer,  Coker  F.  Clarkson  by  name,  wrote  a 
letter  to  Senator  Harlan  which  expresses  clear 
ly  the  attitude  of  the  people  of  the  Hawkeye 
State  toward  secession.  Moreover,  this  letter 
marks  the  beginning  of  a  friendship  between  the 
two  men  which  remained  unbroken  through  the 


156  JAMES  HARLAN 

painful  after  years  when  families  were  divided 
on  the  question  of  the  Harlan  succession.  "We 
are  for  no  compromise  with  treasonable  sub 
jects  ' ',  wrote  Clarkson.  ' i  Let  the  authority  and 
strength  of  the  Government  first  be  fully  tested, 
no  matter  how  great  the  sacrifice  of  blood  and 
gold.  If  our  Government  be  merely  a  rope  of 
sand  let  us  know  it,  and  no  longer  laud  it  in  4th 
of  July  speeches.  .  .  .  Let  no  sacrifice  of 
principle  be  made."202 


XVI 

THE  BEGINNING  OF  THE  WAR 

THE  country  now  awaited  the  inauguration  of 
Abraham  Lincoln  and  a  definite  announcement 
of  his  policy  toward  secession.  It  was  becoming 
more  and  more  evident  that  any  plan  of  concili 
ation  which  meant  further  concessions  to  the 
slave  power  was  destined  to  fail.  The  Repub- 
licans  were  in  the  ascendency  in  nearly  all  the 
northern  States,  and  while  they  were  anxious 
for  peace,  they  were  determined  as  a  whole  to 
stand  firm  on  the  principles  laid  down  in  the 
Chicago  platform.  Republican  leaders,  there 
fore,  directed  their  efforts  largely  toward  avert 
ing  an  open  rupture  until  the  new  President 
could  take  the  helm. 

Meanwhile  Lincoln  was  quietly  formulating 
his  plans  and  considering  the  men  whom  he 
would  choose  to  make  up  his  Cabinet.  As  the 
day  of  inauguration  approached  he  spent  much 
time  in  the  capital  city  conferring  with  Sena 
tors,  Representatives,  and  other  prominent  men. 
Among  those  whose  advice  he  sought  at  this 
time  was  James  Harlan,  and  this  conference 

157 


158  JAMES  HARLAN 

marks  the  beginning  of  a  strong  personal  and 
official  friendship  between  the  two  men.  "Dur 
ing  afternoon  of  Saturday,  March  2nd,  1861," 
writes  Harlan,  "I  received  a  call  from  the 
President-elect  of  the  United  States,  Abraham 
Lincoln."  Previous  to  this  time  he  had  seen 
Lincoln  only  once,  and  consequently  the  atten 
tion  paid  him  by  the  President  was  peculiarly 
flattering. 

"Being  notified  by  a  page,  at  my  desk  in  the 
Senate  Chamber,  that  the  President-elect  was  in 
the  President's  Room  and  desired  to  see  me," 
continues  Harlan,  "I  at  once  arose,  walked  to 
the  room,  tapped  on  the  door,  and  was  admitted. 
He  received  me  cordially,  and,  after  the  usual 
civilities,  gave  me  a  seat,  and  seated  himself 
near  me,  saying,  in  a  familiar  way,  that  he  had 
sent  for  me  to  tell  him  whom  to  appoint  for 
heads  of  the  Departments  of  the  Government. 
I,  of  course,  treated  this  observation  as  a  pleas 
antry,  remarking  that  as  I  understood  it  that 
duty  belonged  to  him ;  that  I  had  not  given  the 
subject  any  consideration,  that  I  expected  to  be 
satisfied  with  his  selections,  and  that  I  had  no 
names  to  suggest." 

Lincoln  then  proceeded  to  name  the  men 
whom  he  had  decided  to  nominate  for  the 
Cabinet  positions,  concluding  with  the  state 
ment  that  he  was  in  doubt  as  to  whether  he 
should  appoint  Simon  Cameron  of  Pennsylvania 


THE  BEGINNING  OF  THE  WAR        159 

as  Secretary  of  War  and  Salmon  P.  Chase  of 
Ohio  as  Secretary  of  the  Treasury,  or  vice 
versa.  It  was  on  this  point  that  he  wished 
Harlan 's  advice.  Harlan  replied  that  he  had 
not  "the  slightest  doubt  that  Mr.  Chase  should 
go  to  the  Treasury  Department,  and  Mr. 
Cameron  to  the  War  Department",  and  he 
frankly  stated  his  reasons  for  this  advice.  ' i  He 
thanked  me  cordially  for  my  frankness, ' '  writes 
Harlan,  "and  I  took  my  leave.  This  interview 
lasted,  probably  about  ten  minutes.  And  I  soon 
had  reason  to  think,  and  still  think,  that  my  ad 
vice  was  effective  in  settling  that  question.  "203 

Two  days  later  the  Iowa  Senator  witnessed 
the  inauguration  of  the  new  President.  The 
inaugural  address  left  no  doubt  as  to  the  policy 
which  Lincoln  would  pursue.  At  the  same  time 
it  was  a  distinctly  conservative  and  statesman 
like  address  —  one  which  met  with  the  approval 
of  an  overwhelming  majority  of  the  people  of 
the  North,  Eepublicans  and  Douglas  Democrats 
alike,  because  of  its  insistence  on  the  preserva 
tion  of  the  Union.  In  the  South,  however,  it 
was  accepted  as  a  declaration  of  war,  and 
preparations  for  the  conflict  were  redoubled. 

In  the  Senate  on  March  4th,  John  C.  Brecken- 
ridge  delivered  his  valedictory  as  presiding 
officer  and  handed  the  gavel  to  his  successor, 
Vice  President  Hannibal  Hamlin.  The  Presi 
dent's  proclamation  convening  the  Senate  in 


160  JAMES  HARLAN 

extra  session  was  read,  and  there  was  a  roll-call 
of  the  newly  elected  Senators,  fifteen  in  all, 
including  James  Harlan  whose  second  term 
began  at  this  time.  In  the  appointment  of 
committees  Harlan  was  made  chairman  of  the 
Committee  on  Public  Lands  in  recognition  of 
his  previous  efficient  service  on  that  committee, 
and  he  was  given  second  place  on  the  compara 
tively  unimportant  Committee  on  Printing. 
The  Senate  remained  in  executive  session  for 
three  weeks  and  on  March  28th  adjourned 
"without  having  made  any  declaration  of  policy 
in  relation  to  the  States  that  had  proclaimed 
their  severance  from  the  Union;  or  any  new 
policy  in  relation  to  slavery  in  the  Territories. 
Nor  did  the  Senate  undertake  to  give  advice  to 
the  President  about  affairs  at  Charleston  Har 
bor."204 

Senator  Harlan  now  had  his  first  real  experi 
ence  with  office-seekers.  For  some  time  after 
the  adjournment  of  the  Senate  he  remained  in 
Washington,  feeling  it  to  be  his  duty  to  see  to  it 
"that  the  Republicans  of  Iowa  should  receive 
their  fair  proportion  of  the  numerous  national 
positions  of  honor  and  trust  then,  for  the  first 
time,  at  the  disposal  of  their  party. ' '  The  other 
members  of  the  Iowa  delegation  had  returned  to 
their  homes  and  so  he  was  left  alone  to  perform 
a  service  which,  to  use  his  own  words,  "was 
extremely  irksome,  both  on  account  of  the  per- 


THE  BEGINNING  OF  THE  WAR        161 

plexing  struggle  of  numerous  Eepublican 
friends,  with  each  other,  for  every  available  of 
fice,  and  the  belief  of  each  of  them  that  I  could 
settle  the  question  of  who  should  be  honored  in 
each  case,  in  his  favor,  with  a  single  word!" 
Moreover,  in  view  of  the  desperate  condition  of 
National  affairs  "this  pressure  for  office, 
seemed  almost  sacrilegious.  But  it  was  per 
fectly  obvious  that,  in  a  large  degree,  the 
welfare  of  the  Government  demanded  that  the 
officials  should  be  changed  as  rapidly  as  prac 
ticable.  The  number  of  disloyal  incumbents  in 
each  of  the  Government  Departments  was 
frightful.  And  the  querulousness  of  disap 
pointed  aspirants  was  simply  dreadful. ' >205 

An  instance  of  the  embarrassments  attendant 
upon  the  duty  of  securing  official  appointments 
is  to  be  found  in  a  letter  which  Harlan  received 
from  James  F.  Wilson  of  Fairfield,  Iowa,  who 
was  at  that  time  a  State  Senator.  ' 1 1  have  just 
learned,  to  my  mortification, ' '  wrote  Wilson, 
"that  Senators  Grimes  and  Harlan  have 
slaughtered  the  only  applicant  for  office  whose 
appointment  was  specially  asked  for  by  me. 
.  .  .  I  asked  for  nothing  for  myself.  I  was 
content  with  asking  a  poor,  little  $600  position 
for  a  friend.  I  had  a  right  to  expect  that  my 
request  would  meet  with  some  favor  at  your 
hands."  This  right  he  based  on  the  fact  that 
he  had  supported  Harlan  since  1854,  and  had, 

11 


162  JAMES  HARLAN 

he  claimed,  been  the  deciding  factor  in  secur 
ing  Harlan  7s  nomination  for  the  senatorship 
in  1855.  He  charged  Harlan  with  filling  offices 
with  his  own  relatives  and  with  granting  special 
favors  to  his  neighbors  in  Mt.  Pleasant.  "I  see 
no  excuse  for  your  action ",  wrote  Wilson  in 
conclusion.  "You  have  started  on  exactly  the 
wrong  road  to  give  satisfaction  to  the  party  and 
thereby  strengthen  it.  The  quicker  another 
road  is  taken  the  better  for  the  party.  "206 

Harlan  replied  with  characteristic  directness, 
declaring  that  he  had  not  supposed  that  his 
acceptance  of  Mr.  Wilson 's  support  carried  with 
it  any  special  personal  obligation.  In  the  mat 
ter  of  appointments  he  had  endeavored  to  serve 
the  best  interests  of  the  country,  and  by  this 
principle  he  would  continue  to  be  governed,  no 
matter  what  were  the  consequences.  "You 
must  allow  me  to  say  in  conclusion ",  he  wrote, 
"that  it  would  be  very  foolish  for  you  and  me 
to  cultivate  the  spirit  that  pervades  your  letter. 
If  I  cannot  get  along  pleasantly  without  friends, 
neither  can  you."207 

Senator  Harlan  spent  the  greater  part  of  the 
interim  between  sessions  of  Congress  at  his 
home  in  Mt.  Pleasant,  but  not  in  rest  and  peace. 
Office-seekers  swelled  his  mail  to  large  propor 
tions  and  came  down  upon  him  in  swarms.  To 
add  to  his  anxieties  the  inevitableness  of  war 
and  the  burden  of  increased  senatorial  responsi- 


THE  BEGINNING  OF  THE  WAR        163 

bilities  gave  him  keen  solicitude.  On  April  12th 
the  bombardment  of  Fort  Sumter  began  and 
thirty-four  hours  later  the  flag  was  hauled  down 
from  its  walls.  The  blow  had  been  struck  and 
the  war  had  begun.  The  President 's  proclama 
tion  of  April  15th  left  no  further  doubt  in  men 's 
minds  as  to  which  horn  of  Douglas's  three- 
horned  dilemma  had  been  accepted.  The  call  to 
arms  aroused  the  North  and  brought  its  loyal 
men  to  a  full  realization  of  the  dread  certainty 
of  war.  Congress  was  summoned  to  convene  in 
extra  session  on  July  4th  "to  consider  and  de 
termine  such  measures  as,  in  their  wisdom,  the 
public  safety  and  interests  may  seem  to  de 
mand.  "208 

The  proclamation  of  the  President  called  for 
immediate  action,  and  Congress  was  prompt  to 
respond.  The  time  for  recrimination,  explana 
tion,  appeal,  and  compromise  was  past.  The 
flag  had  been  fired  upon,  the  representatives  of 
the  Carolinas  and  the  Gulf  States  had  with 
drawn  from  Congress,  and  the  States  they  rep 
resented  had  passed  ordinances  of  secession. 
Nothing  remained  but  to  yield  or  fight,  to  put 
down  the  rebellion  or  let  the  southern  States 
depart  in  peace.  The  proclamations  issued  by 
Lincoln  had  revealed  the  spirit  and  purpose  of 
the  President;  the  response  of  Congress  left 
no  doubt  of  the  patriotism  of  the  National 
legislature.  The  war  measures  enacted  at  the 


164  JAMES  HARLAN 

special  session  of  1861  are  well  known,  and  they 
indicate  that  Congress  comprehended,  more 
clearly  than  did  the  masses,  the  seriousness  of 
the  struggle.  In  the  enactment  of  these  meas 
ures  James  Harlan  bore  his  full  share,  not  so 
much  in  speeches  on  the  floor  as  in  the  more 
quiet  work  of  the  committees.  He  was  ever  an 
advocate  of  vigorous  measures  for  the  sup 
pression  of  the  rebellion. 

After  the  adjournment  of  Congress  early  in 
August,  1861,  Senator  Harlan  engaged  in  the 
organization  of  Iowa  troops.  To  him  more  than 
to  any  other  man  belongs  the  credit  of  creating 
the  Fourth  Iowa  Cavalry,  which  was  organized 
in  excess  of  Iowa's  quota  and  was  equipped  and 
sent  to  the  front  by  special  order  of  the  Secre 
tary  of  War,  in  response  to  Harlan 's  personal 
request.  In  fact  the  first  headquarters  of  the 
regiment  near  Mt.  Pleasant  was  called  "Camp 
Harlan "  in  his  honor.209  Harlan  had  two 
special  reasons  for  urging  the  organization  of 
this  cavalry  regiment.  In  the  first  place,  it  was 
his  belief  that  the  North  should  recruit  its 
cavalry  largely  from  the  frontier  regions  where 
good  horsemanship  was  almost  a  necessity.  In 
the  second  place,  in  view  of  the  hard  times  and 
the  fact  that  army  supplies  were  largely  pur 
chased  in  the  East,  he  was  desirous  that  the 
people  of  Iowa  should  receive  the  benefit  to  be 
derived  from  the  sale  of  cavalry  horses.210 


XVII 

THE  LEGISLATION  OF  1861-1862 

THE  second  session  of  the  Thirty-seventh  Con 
gress  witnessed  the  passage  of  at  least  three 
important  measures  which  the  Eepublicans  had 
for  years  been  advocating,  namely:  the  Home 
stead  Bill,  the  bill  granting  land  for  the  encour 
agement  of  Agricultural  Colleges,  and  the 
Pacific  Railroad  Bill.  This  was  the  first  regular 
session  of  Congress  in  which  the  Eepublicans 
had  a  majority  in  both  houses,  and  in  which  they 
were  not  subject  to  the  veto  of  a  Democratic 
President.  Consequently  they  seized  the  first 
opportunity  to  secure  the  enactment  of  Repub 
lican  legislation,  much  of  which,  as  will  be 
noticed,  was  distinctly  western  in  character.  In 
the  debates  and  committee  work  on  the  three 
bills  already  mentioned  Senator  Harlan  was 
recognized  as  a  leader,  and  he  took  a  prominent 
part  in  the  passage  of  many  of  the  war  meas 
ures  and  minor  bills  of  the  session.  He  retained 
the  important  position  of  chairman  of  the  Com 
mittee  on  Public  Lands  and  his  membership  on 
the  Committee  on  Printing,  and  in  addition  was 

165 


166  JAMES  HARLAN 

made  a  member  of  the  Committee  on  Indian 
Affairs. 

Harlan's  efforts  in  support  of  the  Homestead 
Bill  were  put  forth  largely  in  the  Committee  on 
Public  Lands.  He  took  almost  no  part  in  the 
debate  on  the  bill  except  to  explain  features  of 
the  bill  not  clearly  understood  and  to  report 
from  time  to  time  on  behalf  of  his  committee. 
But  his  interest  in  the  subject  is  evinced  by  the 
fact  that  at  the  very  beginning  of  the  session  he 
introduced  a  bill  "to  secure  homesteads  to 
actual  settlers  on  the  public  domain ".  When, 
however,  it  appeared  that  a  similar  bill  intro 
duced  in  the  House  met  with  greater  favor  he 
was  willing  to  have  his  own  bill  withdrawn  from 
consideration.  After  several  amendments  the 
House  bill  passed  and  was  signed  by  Lincoln.211 

The  Pacific  Eailroad  Bill,  on  the  other  hand, 
enlisted  Senator  Harlan's  active  participation, 
both  on  the  floor  of  the  Senate  and  in  the  special 
committee  of  which  he  was  a  member.  When 
the  bill  was  introduced  he  endeavored  to  have  it 
referred  to  the  Committee  on  Public  Lands,  but 
without  success.  However,  his  position  on  the 
special  committee  appointed  to  consider  the 
measure,  enabled  him  to  exercise  the  guidance 
over  the  bill  which  was  needed  in  order  to  recon 
cile  all  of  the  conflicting  interests.  Although  he 
was  not  chairman  of  the  committee,  full  charge 
of  the  bill  was  accorded  to  him  by  his  associates. 


THE  LEGISLATION  OF  1861-1862       167 

The  discussion  of  the  Pacific  Eailroad  Bill 
took  the  form  of  a  battle  of  amendments,  many 
of  which  were  clearly  intended  to  secure  special 
favors  for  particular  localities.  It  was  to  make 
the  road  minister  to  the  needs  of  the  whole 
country  that  Harlan  labored.  To  this  end  he 
advocated  building  the  road  along  the  Platte 
River  and  the  placing  of  the  eastern  terminus 
near  Fort  Kearney  or  even  on  the  Missouri 
River,  instead  of  on  the  one  hundredth  merid 
ian,  as  the  bill  provided.  The  route  and 
terminus  which  he  suggested  would  be  central 
and  consequently  of  equal  advantage  to  all  of 
the  States  affected.  Besides,  the  farther  east 
the  eastern  terminus  was  placed  the  less  road 
the  various  lines  already  running  westward 
would  have  to  build  to  connect  with  it.  To  place 
the  terminus,  for  instance,  as  had  been  pro 
posed,  near  the  mouth  of  the  Kansas  River 
would  be  a  discrimination  in  favor  of  the  rail 
road  running  through  Missouri,  and  would 
seriously  endanger  the  enormous  investments 
of  money  in  lines  of  railroad  lying  further  to 
the  north. 

In  order  that  all  sections  and  all  the  railroads 
might  secure  equal  advantages  in  the  building 
of  the  new  road,  he  favored  the  proposal  for  a 
number  of  branches,  emanating  from  points  in 
Kansas,  Missouri,  Iowa,  and  Minnesota,  and 
converging  at  the  terminus  of  the  Pacific  Rail- 


168  JAMES  HARLAN 

road.  "I  think  it  would  be  wrong",  he  said, 
"for  a  great  nation  to  invest  fifty  or  more 
million  dollars  in  an  enterprise,  and  so  invest 
that  money  as  to  necessarily  depreciate  hun 
dreds  of  millions  of  capital  already  invested  in 
similar  enterprises,  when  by  advancing  the 
credit  of  the  Government  to  a  very  small 
amount,  this  capital  may  not  be  depreciated, 
and  when  all  these  companies,  and  the  gentle 
men  who  are  represented  by  these  companies, 
and  their  money  may  be  put  on  a  platform  of 
equality,  and  an  equilibrium  be  secured."  He 
called  upon  eastern  as  well  as  western  Senators 
to  support  his  views,  on  the  ground  that  it  was 
not  a  local  question.  It  was  chiefly  a  question 
of  convenience  to  the  people  of  Iowa,  or  Mis 
souri,  or  Kansas;  while  the  capital  which  had 
built  the  roads  so  vitally  interested  in  the  loca 
tion  of  the  Pacific  Railroad  came  largely  from 
the  East.212 

While  the  bill  as  finally  passed  left  the  eastern 
terminus  at  some  point  on  the  one  hundredth 
meridian  to  be  designated  by  the  President,  it 
did  embody  the  provision  for  branch  connecting 
lines  which  Harlan  had  so  ably  championed. 
Furthermore,  the  Platte  River  route  was  the 
one  stipulated.  Thus,  in  the  enactment  of  this 
measure  which  meant  so  much  to  the  commerce 
and  prosperity  of  the  whole  Nation,  Senator 
Harlan  played  a  creditable  and  influential  part. 


THE  LEGISLATION  OF  1861-1862       169 

The  third  great  measure  which  the  Repub 
licans,  especially  those  from  the  West,  had 
for  several  years  been  endeavoring  to  pass  was 
a  bill  granting  land  for  the  encouragement  of 
agricultural  colleges.  Bills  were  introduced  in 
both  houses  during  this  session,  but  the  one 
which  was  finally  adopted  was  that  introduced 
by  Representative  Justin  S.  Morrill  of  Vermont. 
From  first  to  last  Harlan  gave  this  bill  his 
hearty  support.  He  defended  it  against  the 
charge  of  unfairness  made  by  Senator  James 
H.  Lane  of  Kansas  on  the  ground  that  it  dis 
criminated  against  the  newer  States.  He  also 
pointed  out  the  fact  that  liberal  grants  of  land 
had  been  made  for  universities  throughout  the 
country.  "The  proceeds  of  the  sale  of  those 
lands  have  usually  gone  to  educate  the  children 
of  professional  men  —  men  who  are  able  to  de 
fray  the  expense  of  the  education  of  their 
children  away  from  home,  in  classical  studies 
and  in  the  learned  professions.  Here  .... 
a  proposition  is  made  to  make  an  appropriation 
of  lands  for  the  education  of  the  children  of  the 
agriculturists  of  the  nation,  and  it  meets  with 
strenuous  opposition  from  a  body  of  lawyers. " 
He  believed  that  if  the  proposition  were  sub 
mitted  to  a  vote  of  the  people  not  one  fiftieth  of 
them  would  vote  against  it.213  In  the  end 
Harlan  had  the  satisfaction  of  witnessing  the 
passage  of  the  bill  by  an  overwhelming  vote. 


170  JAMES  HARLAN 

Alongside  the  discussion  of  these  measures  of 
far-reaching  importance  in  the  development  of 
the  West  came  the  various  problems  growing 
out  of  the  prosecution  of  the  war.  Among  these 
problems  was  the  attitude  which  the  Govern 
ment  should  take  toward  the  negroes,  and  espe 
cially  at  this  time  toward  those  who  were 
coming  in  large  numbers  to  the  Union  lines. 
Senator  Harlan  was  prominent  among  those 
members  of  Congress  who  advocated  arming  the 
negroes  and  employing  them  in  the  suppression 
of  the  rebellion. 

Harlan  first  expressed  his  sentiments  on  the 
subject  of  allowing  negroes  to  bear  arms  on 
January  15,  1862,  in  connection  with  a  resolu 
tion  to  promote  the  efficiency  of  the  troops  in 
Kansas.  He  dissented  from  the  views  ex 
pressed  by  several  Senators  that  negroes  should 
not  be  employed  in  the  Union  armies,  or  at  least 
not  in  bearing  arms.  "Why  may  not  their 
bodies  be  made  food  for  powder  and  lead",  he 
asked,  "as  well  as  those  of  your  sons  and 
brothers  ?  It  may  be  said  that  their  enlistment 
would  be  offensive  to  the  people  of  the  slave 
States.  But  why  offensive  to  employ  colored 
men  to  fight  for  the  Union  any  more  than  for 
independence  during  the  Revolution?  .  .  .  . 
We  are  now  engaged  in  an  actual  war,  and  I 
repudiate  that  kind  of  wisdom  which  would 
compel  the  Government  of  the  United  States  to 


THE  LEGISLATION  OF  1861-1862       171 

consult  the  wishes  of  our  enemies  as  to  the 
character  of  the  force  that  is  to  be  used  to  put 
them  down."  He  did  not,  however,  advocate 
arming  the  negroes  indiscriminately.  They 
should  be  mustered,  organized,  and  disciplined 
in  the  same  manner  as  white  troops.214 

A  few  days  later  Harlan  found  another  oc 
casion  to  express  his  views  on  the  subject.  "I 
maintained  that  the  Government  had  the  right 
to  the  services  of  the  slave  man",  he  declared, 
in  explanation  of  his  previous  remarks,  "as 
much  as  to  the  son  of  the  free  man  under 
twenty-one  years  of  age,  and  if  we  sanction 
the  policy  of  taking  the  children  of  free  white 
people  under  the  age  of  twenty-one  years, 
and,  regardless  of  the  wishes  of  their  fathers, 
placing  them  in  the  armies  of  the  United 
States,  you  may  take  the  slave  of  the  slave 
holder  and  place  him  in  the  service  of  the 
Government  regardless  of  the  wishes  of  the 
slaveholder.  He  can  have  no  stronger  title  to 
the  services  of  his  slave  than  the  father  has  to 
the  services  of  his  own  minor  son".  This  argu 
ment  was  meant  to  apply  to  the  loyal  slave 
holders,  for  he  maintained  that  rebel  slave 
holders  had  no  rights  in  this  connection  which 
the  Government  was  bound  to  consider.  The 
policy  of  arming  and  employing  natives  had 
been  adopted  by  England  and  all  other  nations 
which  had  been  successful.215 


172  JAMES  HARLAN 

Late  in  June,  together  with  several  other 
Senators,  Harlan  called  upon  President  Lincoln 
to  interview  him  upon  the  question  of  the  ad 
visability  of  arming  the  negroes.  Lincoln 
listened  to  what  each  interviewer  had  to  say, 
and  then  replied  that  he  did  not  see  his  way 
clear  to  follow  their  advice  at  that  time.  He 
feared  that  such  a  policy  would  result  in  driv 
ing  into  the  Confederate  ranks  great  numbers 
of  Union  men  in  the  border  States  and  in  the 
South,  and  would  harm  the  Union  cause.216 

"I  did  not  concur  with  him  in  opinion  as  to 
the  magnitude  of  the  danger  he  apprehended ", 
writes  Harlan.  Consequently  he  decided  to  dis 
cuss  the  whole  question  carefully  in  the  Senate. 
On  July  llth  he  delivered  a  speech,  which,  he 
declares,  was  intended  as  much  for  the  Presi 
dent  as  for  his  associates  in  the  Senate.  It  was 
an  elaborate  argument  in  favor  not  only  of 
arming  the  negroes  but  also  of  emancipating 
them.217  "Whether,  or  not,  it  had  any  influence 
on  the  President's  mind,  is  not  for  me  to  say," 
was  Harlan 's  comment  later  in  life,  "for  the 
reason  that  I  do  not  know.  But  on  the  22nd 
day  of  the  following  September  he  issued  his 
preliminary  proclamation  of  emancipation  of 
the  slaves  of  all  people  in  rebellion  against  the 
Government  of  the  United  States  to  take  effect 
January  1st,  1863,  provided  the  rebels  should 
not,  in  the  meantime,  lay  down  their  arms."218 


THE  LEGISLATION  OF  1861-1862       173 

An  error  into  which  Senator  Harlan,  in  com 
mon  with  many  other  statesmen,  fell  was  in  his 
condemnation  of  General  Grant  after  the  Battle 
of  Shiloh.  On  May  9th  a  resolution  was  intro 
duced  calling  for  copies  of  all  the  official  reports 
relating  to  the  battles  at  Pittsburg  Landing. 
In  the  debate  on  this  resolution  Senator  John 
Sherman  of  Ohio  defended  the  good  name  of 
the  troops  from  his  State  engaged  in  the  battle, 
and  also  sought  to  free  Grant  from  the  blame 
that  was  being  heaped  upon  him. 

Harlan  was  entirely  willing  that  Senator 
Sherman  should  defend  the  Ohio  troops. 
"But",  he  declared,  "that  part  of  his  speech 
which  may  have  been  intended  to  bolster  up  the 
reputation  of  General  Grant  I  think  may  have 
an  injurious  effect  in  the  future,  and  hence  I 
rise  to  repudiate  every  word  he  has  said  that 
may  have  that  tendency.  From  all  I  can  learn 
on  the  subject,  I  do  not  think  General  Grant  is 
fit  to  command  a  great  army  in  the  field.  Iowa 
had  eleven  regiments  in  the  field  at  the  battle  of 
Pittsburg  Landing  ....  I  have  seen  many 
of  them,  have  conversed  with  the  officers  and 
privates,  and  they  believe  that  our  army  was 
surprised."  In  conclusion  he  declared  that 
"with  such  a  record,  those  who  continue 
General  Grant  in  active  command  will,  in  my 
opinion,  carry  on  their  skirts  the  blood  of  thou 
sands  of  their  slaughtered  countrymen."219 


174  JAMES  HARLAN 

In  the  light  of  General  Grant's  later  career 
and  of  accurate  information,  gathered  later, 
concerning  the  Battle  of  Shiloh,  Senator  Har 
lan's  bitter  denunciation  seems  harsh  and 
unjust.  But  it  must  be  remembered  that  he 
voiced  the  attitude  of  an  overwhelming  majority 
of  the  people,  especially  of  the  West  which 
furnished  nearly  all  the  Union  troops  in  the 
battle.  In  Congress,  Eepresentative  Elihu  B. 
Washburne  and  Senator  John  Sherman  alone 
were  willing  to  defend  Grant,  and  it  was  only 
Lincoln's  persistent  faith  in  his  general  which 
prevented  him  from  yielding  to  the  great  pres 
sure  for  Grant's  removal.220 

Two  bills  relative  to  the  District  of  Columbia 
claimed  a  share  of  Harlan's  time  and  attention. 
One  was  the  bill  for  the  emancipation  of  the 
slaves  in  the  District,  of  which  Harlan  was,  of 
course,  heartily  in  favor.  He  ridiculed  the  idea 
that  a  war  of  extermination  would  result  from 
such  an  act,  as  some  Senators  seemed  to  fear.221 
To  a  bill  relating  to  the  administration  of  crim 
inal  justice  in  the  District  he  offered  an  amend 
ment  prohibiting  imprisonment  for  debt, 
whether  payable  in  money,  in  services,  or  other 
wise.222 

Presenting  and  looking  after  petitions  from 
his  constituents  in  Iowa,  as  usual,  took  much  of 
Senator  Harlan's  time  during  this  session. 
Among  the  things  asked  for  was  the  establish- 


THE  LEGISLATION  OF  1861-1862      175 

ment  of  a  national  armory  at  Eock  Island, 
Illinois.  One  of  the  petitions  on  this  subject 
was  signed  by  "J.  B.  Grinnell  and  one  hundred 
and  forty-four  others,  citizens  of  Grinnell, 
Iowa".223  From  Davenport  came  "a  petition 
of  Hon.  John  F.  Dillon,  and  six  hundred  and 
fifty  others ",  asking  for  the  abolition  of 
slavery;224  and  there  were  many  other  petitions 
of  a  similar  character.  The  construction  of  a 
ship  canal  from  Lake  Michigan  to  the  Missis 
sippi  Eiver  was  another  project  which  Congress 
was  asked  to  encourage  by  appropriations.225 


XVIII 

THE  YEARS  OF  GLOOM 

IT  was  just  at  the  close  of  the  second  session 
of  the  Thirty-seventh  Congress  in  July,  1862, 
that  Samuel  Freeman  Miller  of  Iowa,  the  first 
member  selected  from  the  region  west  of  the 
Mississippi  River,  received  his  appointment  as 
a  member  of  the  Supreme  Court  of  the  United 
States.  "I  think  he  was  indebted  to  me," 
writes  Harlan,  "more  than  to  any  one  man 
living,  for  this  great  distinction.  He  frequently 
said  to  his  intimate  friends  that  if  it  had  not 
been  for  me,  he  never  would  have  been  appoint 
ed.  ...  It  was  a  unique  appointment.  He 
had  never  before  held  any  office,  local,  State,  or 
national ;  and  had  not  been  in  the  active  practice 
as  a  lawyer  over  twelve  years/'220 

Senator  Harlan,  however,  was  well  acquaint 
ed  with  Samuel  F.  Miller  and  knew  him  to  be  a 
staunch  Eepublican  and  an  able  lawyer. 
Furthermore,  in  view  of  the  three  vacancies 
then  existing  in  the  Supreme  Court,  he  felt  that 
at  least  one  appointment  should  be  bestowed 
upon  a  man  representing  the  region  west  of  the 

176 


THE  YEARS  OF  GLOOM  177 

Mississippi  River.  Consequently  he  drew  up  a 
paper  of  recommendation  to  which  he  secured 
the  signatures  of  nearly  all  his  colleagues  in 
the  Senate.  Armed  with  these  recommenda 
tions  and  with  a  similar  list  from  the  House  of 
Representatives,  he  called  upon  the  President 
and  urged  Miller's  appointment.  Lincoln  gave 
no  definite  answer  at  the  time,  but  shortly  after 
ward  he  communicated  the  desired  appointment 
to  the  Senate,  where  it  was  promptly  con 
firmed.227  The  brilliant  career  of  Samuel 
Freeman  Miller  on  the  Supreme  Bench  testifies 
to  the  wisdom  of  the  choice. 

The  third  session  of  the  Thirty- seventh  Con 
gress  which  convened  on  the  first  day  of 
December,  1862,  was  not  a  session  of  notable 
legislation.  The  war  hung  heavily  on  men's 
hearts  and  minds  and  Congress  was  more  in 
clined  to  attend  to  laws  of  immediate  necessity 
than  to  urge  measures  which  looked  to  the 
future. 

Thus  it  was  that,  although  his  activities  dur 
ing  this  session  covered  a  wide  range  of 
subjects,  Senator  Harlan  made  no  lengthy 
speeches.  His  thorough  study  of  public  ques 
tions  and  his  gift  of  clear  statement,  however, 
enabled  him  to  exercise  a  salutary  influence  in 
the  enactment  of  many  laws.  The  discussion  of 
the  bankrupt  law  brought  from  him  an  amend 
ment  the  effect  of  which  was  to  maintain  the 

12 


178  JAMES  HARLAN 

validity  of  claims  for  personal  services.228  In 
the  course  of  the  debate  on  a  bill  to  establish  a 
new  Court  of  Claims  he  succeeded  in  elimi 
nating  certain  disagreeable  features.229  The 
subject  of  medical  treatment  in  the  army  was 
one  on  which  he  possessed  first-hand  informa 
tion  through  the  experiences  and  observations 
of  Mrs.  Harlan  in  her  ministrations  to  sick  and 
wounded  soldiers.  He  was  able,  therefore,  to 
make  suggestions  which  aided  in  increasing  the 
efficiency  of  this  branch  of  the  service.230 

Legislation  concerning  the  Indians  gave 
Harlan  opportunity  to  state  his  policy  relative 
to  this  vanishing  race.  He  favored  removing 
the  Indians  from  regions  where  their  presence 
was  the  cause  of  trouble  both  to  themselves  and 
to  the  whites.  At  the  same  time  he  advocated 
a  liberal  and  honest  Indian  policy.231 

In  the  debate  on  the  bill  to  suspend  the  writ 
of  habeas  corpus  Senator  Powell  brought 
charges  against  the  President  for  violation  of 
the  Constitution.  Harlan  insisted  that  it  was 
not  within  the  power  of  a  Senator  to  arraign 
the  President  on  such  grounds.232  The  bills  to 
fix  the  gauge  of  the  Pacific  Railroad  and  to 
amend  the  bill  by  which  the  road  had  been  estab 
lished  again  brought  into  play  that  detailed 
knowledge  which  had  enabled  Senator  Harlan 
to  be  such  a  prominent  factor  in  the  drafting  of 
the  original  bill.233 


THE  YEARS  OF  GLOOM  179 

The  correspondence  of  Senator  Harlan  dur 
ing  this  period  reflects  the  gloom  brooding  over 
the  country  and  the  dissatisfaction  with  the 
manner  in  which  the  war  was  being  prosecuted, 
even  among  those  who  were  most  loyal  in  sup 
port  of  the  Government.  "I  think  we  are  much 
weaker  than  we  were  six  months  ago ' ',  came  the 
pessimistic  warning  from  Tipton,  Iowa.  "The 
causes  of  this  decrease  of  strength  could  not  all 
be  named  in  one  letter.  The  'do  nothing  policy* 
of  most  of  our  commanders  has  had  much  to  do 
with  it.  The  Administration  is  held  responsible 
for  what  is  done  as  well  as  for  what  is  not  done 
and  still  it  keeps  in  power  those  who  love 
slavery  better  than  they  love  the  Union.  .  .  . 
The  President's  remark,  that  'military  success 
was  what  the  country  needs'  is  true,  and  those 
successes  must  soon  come  or  we  shall  have  no 
country. " 

"  'The  Knights  of  the  Golden  Circle'  or  the 
'Home  League,'  or  whatever  their  name  may  be 
are  holding  weekly  meetings  in  this  section," 
continued  the  writer,  "and  I  suppose  through 
out  the  North.  Just  what  their  objects  are  I 
cannot  say  but  that  they  are  organizing  for  a 
resistance  to  the  Government  I  fully  believe. 
.  .  .  Democratic  papers  are  talking  treason 
and  Democrats  in  our  streets  are  wishing  that 
our  forces  may  be  defeated.  ...  I  may  be 
mistaken,  and  I  hope  I  am,  but  I  believe  that 


180  JAMES  HARLAN 

nothing  but  immediate  and  continued  success  on 
the  part  of  our  armies  can  save  us  from  an  out 
break  at  the  North,  and  I  feel  that  the  Adminis 
tration  should  know  it."234 

This  long  and  earnest  letter  is  only  a  fair 
sample  of  many  others  received  from  Iowa  and 
all  sections  of  the  North,  indicating  clearly  the 
general  anxiety  for  the  safety  of  the  Nation. 
And  it  must  be  admitted  that  there  was  little  to 
inspire  confidence  on  the  part  of  the  people, 
when  commanders  proved  incompetent,  great 
armies  were  left  inactive,  and  there  was  even 
lack  of  harmony  in  the  President's  Cabinet. 

The  letters  which  poured  into  Senator  Har- 
lan's  office  day  after  day  also  reveal  the  great 
pressure  for  appointments  to  positions,  both 
civil  and  military.  And  not  only  were  there 
requests  and  demands  for  positions,  but  often 
the  Senator's  inability  to  secure  the  desired 
appointments  met  with  ingratitude  and  resent 
ment.  "I  thought  I  might  rely  on  your  atten 
tion  to  my  interest,"  wrote  a  disappointed 
office-seeker,  "  when  I  wrote  last  winter  .  .  .  . 
on  the  score  of  past  friendship  &  sympathy, 
shown  you  when  you  were  poor  &  out  of  place, 
at  Iowa  City,  setting  fence  along  with  Mr.  Crum 
&  myself.  .  .  .  Now  do  you  wish  to  alienate 
an  old  friend  who  has  stood  by  you  for  years. 
Must  I  give  you  up  &  cast  my  influence  against 
you,  when  by  &  by  you  will  need  it,  or  be  cast 


THE  YEARS  OF  GLOOM  181 

out  of  Congress ?"235  Occasionally,  when  dis 
courtesy  reached  the  limit  of  endurance,  the 
Senator  replied  in  no  uncertain  terms.  "I 
fancy  anyone  can  when  he  chooses  take  care  of 
his  enemies  ",  he  told  a  complaining  officeholder 
whom  he  had  repeatedly  recommended  and  de 
fended.  "But  disparagement  by  a  friend  for 
whose  advancement  one  has  labored  must  be  as 
you  know  extremely  distasteful."236 

A  part  of  the  summer  of  1863  was  spent  by 
Harlan  in  Iowa,  where  he  was  drafted  into  ser 
vice  as  a  speaker  in  the  political  campaign.  He 
then  returned  to  Washington  to  plunge  once 
more  into  the  grinding  labor  of  a  long  session 
of  Congress. 

The  first  bill  of  general  interest  to  claim 
Senator  Harlan 's  attention  was  the  Conscrip 
tion  Act.  He  argued  that  the  Government 
should  compel  a  drafted  man  to  go  to  war,  or 
pay  enough  money  to  procure  a  substitute  of 
equal  ability  to  his  own.  He  would  not  agree 
to  permit  a  man  to  release  himself  from  service 
simply  by  paying  the  hire  of  an  inferior  man. 
Consequently  he  opposed  the  proposition  to  al 
low  white  men  to  secure  negroes  as  substitutes 
on  terms  of  equality,  for  he  insisted  that  the 
negro  was  not  as  good  a  soldier  as  the  white 
man.237 

A  bill  making  a  grant  of  land  to  the  State  of 
Iowa  to  aid  in  the  construction  of  a  railroad 


182  JAMES  HARLAN 

from  McGregor  to  some  point  on  the  Missouri 
Kiver,  and  several  other  land  grants  for  the 
benefit  of  western  States  demanded  much  care 
ful  investigation  in  the  Committee  on  Public 
Lands  and  much  explanation  on  the  floor  of  the 
Senate.  Page  after  page  of  the  Congressional 
Globe  is  filled  with  tedious  debate  on  technical 
points  and  on  questions  arising  from  the  jeal 
ousy  of  individual  and  local  interests.238 
Harlan's  conservative  attitude  toward  these 
land  grants  is  shown  by  the  fact  that  his  bill  for 
the  road  west  from  McGregor  "only  allowed 
the  Railroad  Company  coterminus  sections  of 
land  to  road  actually  built,  thus  compelling  them 
to  build  one  hundred  and  fifty  miles  or  more  of 
road  before  they  could  get  any  lands.  "239 

The  longest  speech  made  by  Senator  Harlan 
during  this  session  was  on  the  proposed  amend 
ment  to  the  Constitution  abolishing  slavery. 
The  main  part  of  his  argument  was  his  con 
tention  that  title  in  slaves  was  not  valid.  In  the 
first  place,  the  method  in  \vhich  slavery  orig 
inated  disproved  the  legality  of  the  owner's 
title.  But  granting  that  the  slave-holder  had 
the  right  to  the  services  of  his  slaves,  that  did 
not  give  him  the  right  to  the  services  of  the 
children  of  slaves  after  they  had  reached  their 
majority.  Even  a  father  could  not  demand  the 
services  of  a  child  after  the  period  of  minority. 
Neither  did  the  color  of  the  slave  nor  the 


THE  YEARS  OF  GLOOM  183 

superiority  of  the  white  race  form  any  justi 
fication  for  slavery.  Furthermore,  title  in 
slaves  could  not  be  defended  on  the  ground  that 
the  negroes  were  incapable  of  caring  for  them 
selves  and  needed  guardianship.  In  States 
where  there  were  free  negroes  they  had  demon 
strated  their  ability  to  make  their  own  living, 
and  the  capacity  of  the  race  for  government  was 
exhibited  in  the  Liberian  colony. 

Since,  therefore,  there  was  no  adequate  justi 
fication  for  ownership  in  slaves  "either  in 
reason,  natural  justice,  or  the  principles  of  the 
common  law,  or  in  any  positive  municipal  or 
statute  regulation  of  any  State'*,  was  it  desir 
able  or  expedient  to  perpetuate  the  institution 
of  slavery?  To  prove  that  it  was  not  desirable 
Senator  Harlan  proceeded  to  name  the  evils 
which  slavery  entailed.  It  abolished  the  con 
jugal  and  parental  relations  and  the  relation  of 
person  to  property.  It  deprived  the  slaves  of 
any  status  in  court  and  of  the  right  to  "the 
common  sympathies  of  the  human  race".  It 
suppressed  freedom  of  speech  and  the  press, 
required  the  continued  ignorance  of  its  victims, 
and  impoverished  the  country  in  which  it  ex 
isted. 

On  the  other  hand,  there  were  a  number  of 
decided  benefits  which  would  result  from  the 
adoption  of  the  proposed  amendment  to  the 
Constitution.  In  the  first  place  ' l  the  wealth  and 


184  JAMES  HARLAN 

prosperity  of  slaveholders  would  be  augmented 
by  a  change  of  their  system  of  labor  from  com 
pulsory  to  voluntary/'  Then,  the  abolition  of 
slavery  would  increase  the  military  strength  of 
the  Nation,  and  at  the  same  time  it  would  secure 
the  sympathy  and  support  of  the  Nations  of  the 
Old  World.  In  view  of  all  these  facts  "the 
Senate  of  the  United  States  ought  not  to  hesi 
tate  to  take  the  action  necessary  to  enable  the 
people  of  the  States  to  terminate "  forever  the 
existence  of  slavery.240 

While  James  Harlan  was  firm  in  his  advocacy 
of  the  abolition  of  slavery  his  freedom  from 
radicalism  in  his  attitude  toward  the  negro  is 
seen  in  his  remarks  on  another  bill  during  this 
session.  This  was  a  bill  to  amend  the  charter  of 
the  city  of  Washington  in  respect  to  elections 
so  as  to  require  the  registration  of  voters. 
Harlan  declared  that  he  would  vote  for  an 
amendment  to  the  bill  limiting  the  suffrage  to 
white  male  citizens,  because  he  was  convinced 
that  the  bill  would  not  otherwise  be  passed  at 
that  time,  and  its  passage  was  very  necessary. 
Furthermore,  he  argued  that  the  right  to  vote 
was  not  a  natural  right,  that  it  was  denied  white 
wromen  and  minors,  and  therefore  it  was  not 
unjust  to  exclude  negroes.  "No  one  can  deny, 
I  think,"  he  said  in  conclusion,  "that  a  very 
large  proportion  of  the  people  in  some  of  the 
States  who  have  been  held  as  slaves  for  a  cen- 


THE  YEARS  OF  GLOOM  185 

tury  or  more  could  not  be  safely  trusted  with 
the  enjoyment  of  this  right.  I  think  that  this 
cannot  be  doubted;  and  if  not,  we  ought  not  to 
insist  on  the  incorporation  of  such  a  provision 
in  an  amendment  to  the  election  laws  for  this 
District,  where  there  are  strong  prejudices 
against  the  modification  of  the  election  laws  in 
this  respect  ",241 

The  Pacific  Railroad  bill  again  came  up  for 
amendment  and,  as  in  previous  sessions,  Harlan 
took  a  prominent  part.242  The  bill  to  establish 
a  Freedmen  's  Bureau  and  various  other  bills  of 
minor  importance  enlisted  his  attention  during 
the  anxious  months  of  1864.  The  Senate  ad 
journed  on  July  4th  and  the  presiding  officer 
expressed  the  hope  that  before  they  assembled 
again  the  clouds  which  had  lowered  over  the 
Nation  might  be  lifted  —  a  hope  nearer  fulfil 
ment  than  many  dared  dream. 

Senator  Harlan 's  influence  with  President 
Lincoln  seems  by  this  time  to  have  been  quite 
generally  recognized,  for  the  Senator  received 
numerous  letters  urging  him  to  call  upon 
Lincoln,  not  only  in  support  of  office-seekers, 
but  also  for  the  purpose  of  giving  the  President 
counsel  and  advice  on  various  subjects.243 
While  he  was  a  firm  friend  and  admirer  of 
Lincoln,  Harlan  was,  nevertheless,  not  blind  to 
the  President 's  shortcomings.  ' '  I  wish  he  could 
be  induced  to  be  more  careful  in  his  appoint- 


186  JAMES  HARLAN 

ments ' ',  Harlan  wrote  confidentially  to  William 
Penn  Clarke  in  April,  1864.  "It  is  a  terrible 
shame  that  his  real  friends  —  the  friends  of  the 
vital  elements  that  brought  him  into  power, 
have  to  fight  the  influence  of  his  administration, 
and  the  pro-slavery  element  combined,  or 
jointly."244 

The  presidential  campaign  of  1864  found 
Senator  Harlan  entrusted  with  the  affairs  of 
the  Eepublican  Congressional  Committee,  with 
headquarters  at  Washington.  From  references 
made  in  newspaper  correspondence  it  is  evident 
that  under  his  vigorous  management  large 
quantities  of  printed  matter  found  their  way  to 
all  parts  of  the  North.245 

A  resolution,  introduced  by  himself,  instruct 
ing  the  Committee  on  the  District  of  Columbia 
to  inquire  into  the  expediency  of  requiring  all 
residents  of  the  District  to  take  an  oath  of 
allegiance  to  the  Government  was  the  first  sub 
ject  on  which  Harlan  made  any  extended 
remarks  during  the  second  session  of  the 
Thirty-eighth  Congress.  The  resolution  also 
contemplated  prohibiting  all  persons  who  failed 
to  take  the  oath  from  doing  business  within  the 
District.  In  response  to  objections  that  such  a 
measure  would  be  an  unwarrantable  act  of  op 
pression,  Harlan  argued  that  the  proposition 
was  not  an  unusual  one  and  that  it  was  not  a 
reflection  upon  the  people  of  the  District. 


THE  YEARS  OF  GLOOM  187 

Citizens  everywhere  submit  voluntarily  to  a 
search,  he  declared,  in  order  that  a  thief  may  be 
tracked  down  and  stolen  goods  recovered,  but 
such  a  search  does  not  implicate  the  great  mass 
of  the  people  in  the  robbery.  The  law  required 
members  of  Congress  to  take  the  oath  of  alle 
giance,  not  because  any  considerable  number  of 
them  were  supposed  to  lack  fidelity,  but  because 
a  few  might  present  themselves  who  were  un 
worthy  of  the  trust.  On  this  same  principle  the 
law  might  very  well  be  extended  to  cover  all  the 
citizens  of  the  District.  "We  all  know",  he 
said,  "that  there  are  people  living  in  this  Dis 
trict  who  are  not  only  in  sympathy  with  the 
rebellion,  but  who  embrace  every  available 
opportunity  to  aid  the  rebels  in  arms  against 
their  Government ' '.  Therefore,  he  believed 
that  the  loyal  people  of  the  District  "would 
thank  Congress  for  the  adoption  of  any  measure 
calculated  to  drive  from  their  midst  aiders  and 
abettors  of  the  rebellion."246  The  resolution 
was  adopted,  but  no  act  on  the  subject  seems  to 
have  been  passed. 

A  resolution  advising  retaliation  for  the  cruel 
treatment  of  prisoners  by  rebels  by  means  of  a 
refusal  to  make  any  further  exchanges  of 
prisoners  gave  Senator  Harlan  an  opportunity 
to  express  his  views  as  to  the  vigorous  measures 
needed  to  bring  the  war  to  a  close.  "Some 
three  years  ago",  he  said,  "I  wrote  a  letter, 


188  JAMES  HARLAN 

and  presented  it  to  other  Senators  for  their  sig 
natures,  requesting  the  President  to  exchange 
prisoners  with  the  rebels.  I  then  believed  that 
it  was  politic.  Our  condition  has  changed 
vastly  since  that  time.  The  rebels  are  no  longer 
able  to  meet  us  in  the  open  field.  Their  armed 
soldiers  fight  us  now  almost  exclusively  behind 
their  works  and  in  strong  fortifications.  Mili 
tary  men  tell  us  that  it  requires  at  least  four 
men  outside  to  take  one  inside  a  fort."  There 
fore,  it  would  require  four  Union  soldiers  to 
recapture  or  overcome  each  Confederate  who 
was  exchanged  and  returned  to  the  rebel  ranks. 
He  maintained,  in  the  face  of  charges  of  cruelty, 
that  it  would  be  more  humane  to  allow  northern 
men  to  remain  a  little  longer  in  southern  prisons 
than  to  expose  four  times  their  number  to  the 
perils  of  storming  Confederate  strongholds. 

Furthermore,  he  pointed  out  the  fact  that  the 
Confederates  invariably  exchanged  men  whose 
terms  of  service  had  expired  or  who  were  so 
weakened  by  cruel  treatment  as  to  be  unfit  for 
military  service.  In  view  of  this  condition  he 
favored  a  cessation  of  the  exchange  of  prison 
ers,  and  he  would  treat  rebel  prisoners  not 
cruelly  or  in  a  revengeful  spirit,  but  in  such  a 
manner  as  to  force  the  Confederate  authorities 
to  observe  the  rules  of  civilized  warfare.  This 
policy  might  be  objected  to  as  inhuman  and 
retaliatory,  but  the  very  nature  of  war  was  re- 


THE  YEARS  OF  GLOOM  189 

taliatory,  and  in  the  present  instance  it  seemed 
the  only  method  of  securing  fair  treatment  for 
Union  men  in  the  hands  of  the  rebels.247 

In  the  discussion  of  an  amendment  to  the  en 
rollment  or  conscription  acts  Harlan  was  one 
of  a  very  few  Senators  who  favored  requiring 
every  man  who  secured  a  substitute  and  release 
from  service  to  pay  a  sum  of  money  proportion 
ate  to  his  means,  according  to  a  fixed  sliding 
scale.  It  was  the  man  that  was  wanted  and  not 
the  money,  and  therefore  it  should  be  made 
equally  inconvenient  for  men,  whether  rich  or 
poor,  to  evade  service  in  the  army  when 
drafted.248 

A  further  insight  into  Harlan 's  view  on 
Indian  policy  may  be  found  in  the  debate  on 
various  bills  during  this  session.  In  January, 
in  discussing  the  recent  massacre  of  some 
Cheyenne  Indians,  the  Senator  protested  vigor 
ously  against  what  seemed  to  him  a  change  in 
the  policy  of  the  Government  from  one  of 
paternal  kindness  to  one  of  deliberate  exter 
mination.249  Later  he  advocated  consolidating 
the  Indian  tribes  and  placing  them  together  on 
lands  where  they  could  prosper  and  at  the  same 
time  be  protected  against  unscrupulous  white 
traders.  This  removal  should  be  effected,  how 
ever,  not  by  force,  but  by  treating  the  Indians 
as  being  with  rights  and  volition  of  their  own, 
and  by  showing  them  that  it  would  be  to  their 


190  JAMES  HARLAN 

interests  to  remove.  Unless  some  such  policy 
was  adopted  he  could  see  no  means  of  saving 
from  extinction  this  race  of  people  which  was 
"wasting  away  rapidly  now  like  the  snows  be 
fore  a  morning 's  sun".250 

At  this  stage  in  his  career,  when  his  activities 
were  soon  to  be  transferred  for  a  short  time  to 
another  arena,  it  is  interesting  to  note  Harlan's 
estimate  of  his  own  accomplishments  as  a  Sen 
ator.  In  response  to  a  request  from  L.  D. 
Ingersoll,  one  of  Iowa's  war  correspondents  and 
historians,  he  hurriedly  wrote: 

I  cannot  think  I  have  effected  much  worth  record 
ing.  I  suppose,  however,  that  I  have  had  more 
influence  in  the  Senate  and  on  the  public  mind  in 
securing  the  freedom  of  the  Territories  than  on  any 
other  subject.  I  have  discussed  the  subject  in  all  its 
bearings  more  thoroughly  than  any  other  Senator  or 
Member  in  Congress.  There  is  no  phase  of  the  question 
which  I  have  not  examined  and  presented  somewhat 
elaborately  —  the  effects  of  Slavery  on  morals,  social 
intercourse,  on  the  Military  and  financial  strength  of 
the  country,  on  the  development  of  intellect,  literature, 
arts,  commerce.  The  question  of  its  alleged  necessity 
in  certain  latitudes  —  capacity  of  white  men  to  endure 
tropical  heats.  The  consequences  of  the  liberation  of 
the  slave  to  himself  and  society  —  what  is  to  be  done 
with  him  as  a  free  man  &c.  including  the  question  of 
suffrage. 

I  have  also  labored  on  the  subject  of  Gov.  Bounty  to 
Railroad  enterprises  —  did  perhaps  more  than  any 


THE  YEARS  OF  GLOOM  191 

other  one  person  in  licking  into  shape  the  Pacific  Rail 
road  Bills. 

Have  brought  to  the  attention  of  the  country  the 
enormous  frauds  and  injuries  inflicted  on  the  Indian 
tribes  &c. 

Have  been  one  of  the  leading  advocates  of  every 
prudent  measure  calculated  to  develop  agricultural 
interests,  &c.251 

A  study  of  the  Congressional  Globe  from  1855 
to  1865  must  convince  the  impartial  student 
that  Senator  Harlan's  somewhat  self-com 
placent  memorandum,  prepared  at  the  solicita 
tion  of  a  friend,  is  fully  substantiated  by  the 
record. 


XIX 

SECRETAKY  OF  THE  INTERIOR 

THE  resignation  of  William  Pitt  Fessenden  as 
Secretary  of  the  Treasury,  long  foreseen  by 
President  Lincoln,  led  to  the  selection  of  Hugh 
McCulloch  of  Indiana  as  his  successor.  This 
change  in  the  Cabinet  was  followed  by  the 
resignation  of  John  P.  Usher  of  Indiana,  pre 
sumably  at  the  suggestion  of  the  President, 
from  the  Secretaryship  of  the  Interior. 
Lincoln  promptly  appointed  James  Harlan  to 
fill  the  vacancy  thus  occasioned  and  the  Senate 
as  promptly  confirmed  the  nomination,  both 
appointment  and  confirmation  occurring  on 
March  9,  1865.252 

That  James  Harlan  had  long  and  seriously 
considered  the  probability  of  a  call  from  Presi 
dent  Lincoln  to  serve  in  his  Cabinet  is  evident 
from  a  letter  written  early  in  January  to  James 
Wright,  then  Secretary  of  State  in  Iowa.  "If 
Governor  Grimes  desires  the  position  of  Secre 
tary  of  the  Navy,"  Harlan  writes,  "I  would 
rejoice  to  see  him  in  that  position  —  but  not 
otherwise.  If  the  position  of  Secretary  of  the 

192 


SECRETARY  OF  THE  INTERIOR   193 

Interior  should  be  formally  tendered  to  me  by 
the  President,  I  would  then  consider  seriously 
the  question  of  my  duty  in  the  premises.  If  I 
should  conclude  that  I  would  be  more  useful  to 
my  country  in  that  position,  than  in  the  one  I 
now  hold,  I  would  resign  the  latter  and  accept 
the  former;  but  I  would  not,  I  think,  permit 
personal  considerations  to  influence  me  in  the 
least.  »253 

Not  only  was  the  possibility  of  an  appoint 
ment  to  the  Department  of  the  Interior  con 
sidered  in  advance  by  Senator  Harlan,  but  it 
was  quite  generally  known  and  discussed  at 
Washington  and  in  Iowa.  As  early  as  Decem 
ber  22,  1864,  the  Ottumwa  Courier  referred  to 
the  report  that  Harlan  was  to  be  transferred 
from  the  Senate  to  the  Cabinet.  The  editor 
declared  that  "nothing  could  be  more  gratifying 
to  the  friends  of  the  Administration  in  Iowa,  as 
it  would  be  complimentary  to  the  State,  well 
deserved,  and  would  be  appreciated."  A  few 
weeks  later  a  Washington  correspondent  to  the 
same  newspaper  stated  that  it  was  a  foregone 
conclusion  in  Washington  that  the  position 
would  be  tendered  to  Harlan.  While  he  ad 
mitted  Harlan 's  eminent  fitness  for  the  office, 
he  felt  that  the  country  would  greatly  deplore 
the  loss  of  his  services  in  the  Senate  "until  the 
flag  of  our  country  waves  in  triumph  over  every 
foot  of  our  territory,  and  the  last  human  fetter 

13 


194  JAMES  HARLAN 

be  fallen,  and  the  crack  of  the  slave  whip  be  no 
more  heard  in  the  land".254 

The  letters  which  Harlan  received  from  Iowa 
during  the  early  months  of  1865  breathe  a 
spirit  of  mingled  congratulation  and  regret. 
"I  was  gratified  only  on  the  supposition  that 
such  a  change  was  grateful  to  you",  wrote  a 
Des  Moines  editor  early  in  February.255  "I 
sincerely  hope  this  is  not  so",  wrote  J.  H. 
Powers  from  New  Hampton  a  few  weeks  later 
in  referring  to  the  rumor  of  the  appointment. 
"Not  that  I  object  to  your  receiving  the  honor 
but  that  your  vacancy  will  open  a  door  to 
scheming  politicians  that  are  entirely  unworthy 
of  the  position  so  long  and  so  honorably  held  by 
you.  We  have  been  working  hard,  in  our 
humble  way,  for  a  year  for  your  return  and 
have  kept  much  of  the  dirt  out  of  our  part  of 
the  State  that  has  so  disgraced  our  politicks  the 
last  year  or  two,  and  if  you  leave  us  where  shall 
we  rally?"256 

"I  would  much  prefer  to  remain  the  residue 
of  my  term  of  two  years  in  the  Senate, ' '  wrote 
Harlan  in  reply  to  Powers,  "than  to  serve  in 
the  Cabinet.  Nothing  but  a  sense  of  public  duty 
would  induce  me  to  change.  There  is  however 
a  pressing  necessity  for  a  renovation  in  the 
Interior  Department  which  may  possibly  con 
trol  my  decision,  contrary  to  my  own  personal 
wishes."257 


SECRETARY  OF  THE  INTERIOR   195 

After  the  appointment  had  been  made  and 
had  become  generally  known,  the  flood  of  con 
gratulations  greatly  increased.  And  still  there 
was  discernible  a  touch  of  regret  in  nearly  all 
the  letters  which  came  from  Iowa.  Harlan 's 
constituents  seemed  entirely  satisfied  with  the 
record  he  had  made  as  Senator  and  had  come  to 
regard  him  as  their  special  representative.258 
A  perusal  of  the  Senator's  voluminous  cor 
respondence  during  these  months  would  seem  to 
settle  forever  any  question  as  to  the  disinter 
ested  motives  which  prompted  Harlan  to 
respond  to  President  Lincoln's  call.  Clearly,  he 
had  no  need  to  fear  defeat  for  reelection  to  the 
Senate,  for  from  the  time  he  had  first  entered 
Congress  he  had  never  swayed  from  the  line  of 
duty  and  self-respect,  and  at  no  time  thus  far 
was  his  position  actually  endangered  by  the 
schemes  of  those  who  would  supplant  him. 

Even  after  his  appointment  had  been  con 
firmed,  however,  Senator  Harlan  seems  to  have 
had  considerable  hesitancy.  "I  now  intend  to 
accept  the  office  of  Secretary  of  the  Interior," 
he  wrote  to  James  F.  Wilson  late  in  March, 
"if  I  find  I  can  get  the  pack  of  thieves  now 
preying  on  the  Govt.  under  its  auspices  out  of 
power,  otherwise  I  will  not.  I  do  not  deem  it 
my  duty  to  lend  my  name  to  plaster  over  their 
corruptions.  The  prospect  of  effecting  this  is 
not  very  good,  for  it  happens  that  some  of  the 


196  JAMES  HARLAN 

worst  of  these  people  have  the  President's  con 
fidence.  "259 

During  the  years  of  the  war  the  friendship 
between  Lincoln  and  Harlan  apparently  deep 
ened,  in  spite  of  the  fact  that  the  Senator  was 
often  a  severe  critic  of  the  President's  actions, 
for  on  public  occasions  Harlan  was  nearly 
always  to  be  found  in  the  presidential  party. 
At  the  second  inaugural  on  March  4,  1865, 
Senator  Harlan  was  chosen  as  an  escort  for 
Mrs.  Lincoln,  and  Miss  Mary  Harlan  was 
among  the  distinguished  group  surrounding 
President  and  Mrs.  Lincoln  at  the  inaugural 
ball.  "Because  Captain  Robert  Lincoln  es 
corted  Miss  Harlan,"  wrote  a  reporter,  "it  was 
supposed  that  Senator  Harlan  is  to  go  into  the 
Cabinet.  "26° 

Senator  Harlan  was  also  intimately  connected 
with  the  President  on  the  occasion  of  his  last 
public  utterance.  It  was  on  the  evening  of  the 
llth  of  April,  three  days  before  the  assassina 
tion.  The  President  had  informally  announced 
that  on  that  evening  he  would  speak  from  the 
White  House,  and  would  state  his  views  on 
Eeconstruction.  Several  histories  and  biogra 
phies  refer  to  this  speech  as  delivered  to  a  party 
of  callers  at  the  White  House;  but,  in  fact,  it 
was  delivered  before  a  large  audience  gathered 
in  the  mist  and  rain  in  front  of  the  Executive 
Mansion.  The  writer,  then  a  youth,  has  a  vivid 


SECRETARY  OF  THE  INTERIOR       197 

recollection  of  the  event  —  the  gloom  of  the 
night,  the  funereal  aspect  of  the  umbrella- 
canopied  throng,  the  forced  hilarity  of  many 
during  the  long  wait  for  the  President's  ap 
pearing,  and  the  enthusiasm  with  which  the 
audience  followed  the  argument. 

When  the  President  had  ceased  speaking 
there  were  calls  for  Senator  Sumner,  but  he  was 
not  present.  Then  Harlan  was  loudly  called 
for.  The  Iowa  Senator  soon  appeared  at  the 
window  and  was  introduced  by  the  President  as 
one  who  was  soon  to  share  with  him  the  respon 
sibilities  of  administration.  He  made  a  short 
speech  in  which  he  stated  that  two  principles 
had  been  settled  by  the  war  then  nearing  its 
close,  namely,  that  the  American  people  had 
decided  that  a  majority  of  the  voters  of  the 
Eepublic  should  control  its  destinies,  and  that 
no  part  of  the  Eepublic  should  ever  be  per 
mitted  to  secede. 

It  would  be  needless  in  this  connection  to 
recount  the  sadly  familiar  story  of  the  event  of 
April  14,  1865,  a  tragedy  which  bowed  the  peo 
ple  of  the  Nation  —  South  as  well  as  North  — 
under  a  common  burden  of  sorrow.  To  James 
Harlan  the  assassination  of  President  Lincoln 
was  a  blow  from  which  entire  recovery  was 
impossible.  Long  years  afterward  the  writer 
asked  the  Senator  to  contribute  for  a  magazine 
his  impressions  of  Abraham  Lincoln  and  the 


198  JAMES  HARLAN 

story  of  his  intimate  relations  with  the  Presi 
dent.  He  shook  his  head  sadly  and  replied: 
"Not  now  —  possibly  later;  but,  remember,  I 
make  no  promise.  I  fear  I  cannot  trust  myself 
to  write  on  a  subject  so  close  to  my  heart. " 

Senator  Harlan's  intimate  personal  friend 
ship  with  Lincoln  was  recognized  by  his  asso 
ciates  when  he  was  chosen  a  member  of  a 
Congressional  committee  to  escort  the  remains 
of  the  dead  President  to  Springfield,  Illinois. 
A  few  weeks  later  he  presided  over  a  meeting 
of  citizens  held  at  the  National  Hotel  in  Wash 
ington  for  the  purpose  of  inaugurating  a 
movement  toward  the  erection  of  a  monument 
to  President  Lincoln.  An  organization  known 
as  the  "Lincoln  Monument  Association''  was 
formed  and  James  Harlan  was  chosen  presi 
dent.261 

In  the  absence  of  any  explicit  declaration  on 
the  subject  it  is  quite  evident  that  the  death  of 
President  Lincoln,  with  the  grave  uncertainty 
as  to  the  nature  and  trend  of  the  new  adminis 
tration,  practically  settled  any  remaining  ques 
tion  in  Harlan 's  mind  as  to  his  duty  in  regard 
to  the  secretaryship.  "A  terrible  change  has 
occurred,"  wrote  Samuel  E.  Curtis,  who  earlier 
had  opposed  an  acceptance  of  the  Cabinet  posi 
tion,  "and  it  may  be  important  in  the  current 
of  events,  that  you  should  not  refuse  any  place 
to  which  you  may  be  assigned.  My  way  has 


SECRETARY  OF  THE  INTERIOR       199 

always  been,  to  follow  the  way  opened  to  me  by 
Providence;  and  you  should  act  in  reference  to 
what  seems  to  be  your  destiny.  "262  This  letter, 
together  with  others  of  a  similar  character, 
doubtless  confirmed  the  Senator's  conviction 
that  he  could  best  serve  his  country  in  this 
emergency  by  accepting  the  appointment,  inas 
much  as  President  Johnson  had  expressed  his 
desire  that  Harlan  serve.263 

On  May  15,  1865,  therefore,  James  Harlan 
assumed  the  duties  of  his  new  office.  "The 
change  in  the  Interior  Department  took  place 
at  noon  to-day, "  ran  the  Washington  cor 
respondence  in  a  New  York  newspaper,  "Judge 
Usher  retiring  and  Mr.  Harlan  taking  charge. 
The  heads  of  bureaus  and  clerks  assembled  at 
the  Secretary's  office,  and  Judge  Otto,  on  their 
behalf,  presented  to  the  retiring  Secretary  a 
farewell  letter  which  was  briefly  and  appropri 
ately  responded  to  by  him.  Subsequently  they 
were  introduced  to  the  new  Secretary,  who 
greeted  them  kindly  and  cordially."264 

Before  he  had  been  in  the  Cabinet  many 
months  Harlan  found  himself  called  upon  to 
defend  President  Johnson's  reconstruction 
policy.  Negro  suffrage  was  one  of  the  im 
portant  issues  in  Iowa  in  the  campaign  of  1865. 
The  Republicans  in  their  platform  favored 
allowing  negroes  to  vote,  while  the  Democrats 
radically  opposed  it  and  at  the  same  time 


200  JAMES  HARLAN 

endorsed  Johnson's  administration,  thereby 
assuming  that  the  executive  policy  was  antag 
onistic  to  negro  suffrage.  Secretary  Harlan 
believed  that  this  state  of  affairs  demanded  a 
clear  statement  of  the  President's  position. 
Consequently  he  wrote  a  letter  to  George  B. 
Edwards  which  was  published  in  the  news 
papers  and  which  was  accepted  as  a  semi 
official  announcement  of  the  Administration's 
policy. 

"The  real  question  at  issue,  in  a  national 
point  of  view,"  wrote  Harlan,  "is  not  whether 
negroes  shall  be  permitted  to  vote,  but  whether 
they  shall  derive  that  authority  from  the 
National  Government,  or  from  the  State  Gov 
ernments  respectively."  President  Johnson 
maintained  that  the  Federal  Government  had 
no  right  to  interfere  with  the  question  of  suf 
frage  in  the  States,  except  in  determining  the 
right  of  Senators  and  Representatives  to  their 
seats  in  Congress  and  in  guaranteeing  to  every 
State  a  republican  form  of  government.  "That 
the  State  of  Iowa  may  take  steps  to  extend  the 
right  of  suffrage,  is  not,  as  it  seems  to  me,  in 
conflict  with  this  policy,"  he  concluded,  "and, 
consequently,  those  who  support  the  policy  of 
the  President  on  this  subject,  are  not  in  antag 
onism  with  the  platform  of  the  Union  party  of 
Iowa."205 

Late  in  September  Secretary  Harlan  made  a 


SECRETARY  OF  THE  INTERIOR      201 

brief  visit  at  Mt.  Pleasant  and  there  took  an 
other  occasion,  in  a  public  speech,  to  set  forth 
the  reconstruction  policy  of  the  President.  It 
is  noticeable,  however,  that  his  words  at  this 
time  lack  the  clear,  defiant  ring  so  character 
istic  of  his  speeches  in  the  Senate.  His  tone 
was  mildly  explanatory,  and  his  appeal  was 
rather  for  patience  with  the  President  in  deal 
ing  with  an  entirely  new  and  unprecedented 
situation  than  an  open  advocacy  of  any  definite 
policy.266 

The  one  official  report  of  Secretary  Harlan 
is  not  unlike  other  departmental  reports,  al 
though  occasionally  the  individuality  of  its 
author  crops  out,  in  spite  of  the  evident  purpose 
to  keep  within  the  traditional  range  of  depart 
mental  activities.  Among  the  diversified  and 
important  public  problems  claiming  the  Secre 
tary's  attention  the  first  and  foremost  was  the 
public  land  question.  After  summarizing  the 
statistics  of  lands  already  disposed  of,  he  rec 
ommended  further  preemption  legislation  "to 
remove  ambiguity  and  secure  harmony  in  the 
enforcement  of  this  beneficent  policy  in  all  the 
land  States  and  Territories. " 

Eeverting  with  satisfaction  to  the  Homestead 
Law,  which  he  had  been  so  largely  instrumental 
in  framing  and  pushing  to  final  passage,  the 
Secretary  believed  that  in  the  enactment  of  this 
law  Congress  was  influenced  "by  the  conviction 


202  JAMES  HARLAN 

that  the  settlement  and  cultivation  of  the  public 
lands  were  objects  of  greater  importance  to  the 
nation  than  the  increased  revenue  that  might  be 
derived  from  their  sale".  In  a  paragraph  in 
viting  Congress  to  establish  a  Bureau  of  Mining 
he  struck  the  key-note  of  forest  conservation  to 
which  the  public  and  the  Government  after 
wards  responded.  "All  lands  denominated 
mineral,"  recommended  Secretary  Harlan, 
"which  do  not  bear  the  precious  metals,  should 
be  brought  into  market,  and  thus  placed  under 
the  guardianship  of  private  owners.  In  no 
other  mode,  it  is  believed,  can  the  great  forests 
of  timber,  the  growth  of  centuries,  and  of  vast 
value  to  the  nation,  be  effectually  preserved 
from  waste."  He  deplored  the  existing  unreg 
ulated  condition  of  the  great  natural  resources 
of  the  Nation. 

Passing  from  the  land  question,  the  report 
strongly  presented  the  necessity  of  increased 
pension  appropriations.  "Without  regard  to 
the  amount  they  involve,"  the  Secretary  de 
clared,  "our  engagements  to  our  gallant  army 
and  navy  must  be  performed  with  scrupulous 
fidelity.  Their  sacrifices  for  an  imperiled  coun 
try  have  been  blessed  in  the  preservation  of  its 
unity,  the  maintenance  of  the  just  authority  of 
the  national  government,  and  the  vindication  of 
the  principles  of  civil  liberty,  which  the  fathers 
of  the  republic  bequeathed  to  their  children." 


SECRETARY  OF  THE  INTERIOR      203 

Indian  affairs  also  demanded  consideration  at 
this  time.  The  perfidious  violation  of  treaties 
by  certain  Indian  tribes  on  the  borders  and  the 
retribution  which  their  unprovoked  war,  in  al 
liance  with  the  rebels,  had  brought  upon  their 
heads,  required  necessary  adjustments  in  the 
Indian  policy  of  the  Government.  Secretary 
Harlan  deplored  the  policy  of  total  destruction 
which  was  openly  advocated  by  "gentlemen  of 
high  position,  intelligence,  and  personal  char 
acter  ' '.  Such  a  policy  could  receive  no  sanction 
in  a  civilized  country,  and,  moreover,  the  ex 
pense  of  carrying  out  such  a  policy  would  make 
it  impracticable.  He  therefore  recommended 
that  stringent  laws  be  enacted  to  prevent  the 
violation  of  the  rights  of  peaceful  tribes,  and 
urged  that  the  Indians  be  encouraged  by  every 
possible  means  to  adopt  agricultural  pursuits. 

In  discussing  the  needs  and  activities  of  the 
Patent  Office  the  report  pointed  out  the  desira 
bility  of  legislation  restricting  the  unrestrained 
power  of  the  Commissioner  of  Patents  in  cer 
tain  respects.  Liberal  appropriations  for  keep 
ing  census  statistics  were  recommended.  The 
construction  of  the  Union  Pacific  Eailroad  and 
the  progress  of  railroad  building  in  general 
were  reviewed  in  some  detail  and  needed  legis 
lation  was  suggested.  The  remainder  of  the 
report  had  to  do  largely  with  the  affairs  of  the 
District  of  Columbia.267 


204  JAMES  HARLAN 

In  addition  to  Ms  official  duties  the  acceptance 
of  the  Cabinet  position  imposed  upon  James 
Harlan  certain  social  obligations,  which,  bur 
densome  though  they  were,  neither  he  nor  Mrs. 
Harlan  was  disposed  to  shirk.  Washington 
newspapers  and  correspondence  from  the  cap 
ital  city  during  the  social  season  of  1866  bear 
abundant  testimony  to  the  success  of  the  Harlan 
family  as  entertainers,  not  by  lavish  display, 
but  by  wholesome  good  cheer  and  the  simple 
application  of  good  taste  to  the  social  require 
ments  of  their  position. 

New  Year's  Day,  as  usual,  was  a  red-letter 
day  in  Washington  society,  for  on  that  day 
President  Johnson  held  his  first  public  recep 
tion  at  the  White  House;  and,  with  the  ex 
ception  of  Secretary  Seward,  all  of  the  Cabinet 
members  kept  open  house.  "Mr.  Harlan  re 
ceived  his  visitors  with  the  most  cordial 
greetings, "  wrote  a  society  reporter  for  one  of 
the  city  papers,  "and  was  frank,  pleasant,  and 
dignified  in  his  bearing,  and  very  full  of  the 
convivialities  due  the  day."  And  on  the  follow 
ing  day  the  same  paper  gave  full  credit  to  Mrs. 
Harlan  for  her  contribution  to  the  charm  of  the 
occasion.268 

Until  the  end  of  the  season  the  Harlan  home 
was  the  scene  of  many  brilliant  afternoon  and 
evening  receptions.  The  absence  of  dancing  or 
of  liquor  in  any  form  apparently  added  to, 


SECRETARY  OF  THE  INTERIOR      205 

instead  of  detracting  from,  the  pleasure  with 
which  these  receptions  were  attended.  "The 
opening  event  of  this  week",  ran  the  Washing 
ton  letter  in  a  New  York  newspaper  late  in 
January,  "was  the  magnificent  reception  given 
last  night  by  Secretary  Harlan  and  lady.  It 
equalled  any  of  its  predecessors  in  point  of  dis 
tinguished  guests,  while  in  its  cordial  and  genial 
enjoyment  by  those  present,  it  is  believed  to 
have  surpassed  most  of  them.  Secretary  Har 
lan  occupies  one  of  the  most  spacious  residences 
in  Washington,  at  304  H.  street,  and  its  delight 
ful  arrangement  for  such  an  affair  was  gener 
ally  remarked  last  evening.  The  elegant 
apartments  began  to  fill  up  a  little  before  9 
o'clock,  and  from  that  time  until  nearly  mid 
night  there  was  a  constant  ebb  and  flow  of  the 
beauty,  bravery,  wealth  and  position  that  com 
pose  the  most  attractive  phase  of  Washington 
society  in  the  Winter. "  Then  follows  a  list  of 
those  present,  including  the  names  of  nearly  all 
the  Cabinet  officers,  members  of  several  foreign 
embassies,  Senators,  Kepresentatives,  military 
men  and  distinguished  citizens,  many  of  whom 
were  accompanied  by  their  wives  and  daughters. 
"The  occasion  was  not  only  a  generous  one," 
concluded  the  account,  "but  refined  and  elegant 
to  a  flattering  degree."269 

Later  chapters  will  reveal  the   persistency 
with  which  certain  Washington  correspondents 


206  JAMES  HARLAN 

and  the  journals  which  they  represented  pur 
sued  James  Harlan  after  his  return  to  the 
Senate,  the  burden  of  their  charges  in  every 
instance  being  alleged  malfeasance  in  office 
during  his  brief  career  as  Secretary  of  the 
Interior.  The  animus  of  these  attacks  is  easily 
to  be  inferred  by  anyone  familiar  with  the  con 
ditions  which  confronted  Harlan  on  entering 
upon  his  new  duties.  The  administration  of  his 
predecessor,  Secretary  Usher,  had  been  so  sus 
ceptible  to  congressional  and  journalistic  in 
fluence  that  the  departmental  pay-roll  included 
the  names  of  many  newspaper  correspondents 
and  other  proteges  of  Congressmen.  The  ser 
vices  of  these  men  were  more  or  less  per 
functory,  or  at  most,  fell  far  short  of  the 
expectations  and  demands  of  the  department's 
new  head. 

Coming  into  office  with  an  intimate  personal 
knowledge  of  the  work  to  be  done,  and  with  an 
earnest  and  avowed  purpose  to  put  the  depart 
ment  upon  a  working  basis,  one  of  Secretary 
Harlan 's  first  acts  was  an  investigation  of  the 
clerical  force  in  the  several  bureaus  and  of  the 
volume  of  work  done  in  each  bureau.  He  found 
that  his  department  was  burdened  with  scores 
of  virtual  pensioners,  who  were  receiving  full 
and  even  liberal  pay  for  the  scantiest  service  - 
mere  routine  work,  and  much  of  it  of  little  real 
value  to  the  department. 


SECRETARY  OF  THE  INTERIOR   207 

The  situation  was  made  more  embarrassing 
for  the  new  Secretary  by  the  inconsiderate 
action  of  Secretary  Usher  in  making  several 
appointments  and  in  signing  a  certain  contract 
shortly  before  retiring  from  office,  which  Harlan 
did  not  approve.  "Difficulty  has  also  arisen  in 
reference  to  the  bonds  to  be  issued  to  the  Pacific 
Eailroad.  .  .  .  The  company  claim  to  have 
completed  forty  miles  of  the  road,  as  required 
by  law,  and  to  be  entitled  to  a  certain  amount  of 
government  bonds,  stipulated  to  be  issued  to 
them  when  that  portion  of  the  road  was  com 
pleted.  "  Commissioners  had  been  appointed  to 
examine  the  road,  but  their  report  was  rejected 
by  Secretary  Harlan  and  new  commissioners 
were  appointed  in  their  stead.  This  action 
brought  a  protest  from  the  company  construct 
ing  the  road.270 

Within  the  first  few  weeks  of  James  Harlan 's 
service  as  Secretary  of  the  Interior  there  were 
three  changes  in  the  heads  of  bureaus  in  the 
department.271  The  resignation  of  Commis 
sioner  Dole  from  the  Bureau  of  Indian  Affairs 
removed  one  of  the  Secretary's  chief  sources  of 
embarrassment.  Harlan  promptly  appointed  to 
the  position  D.  N.  Cooley  of  Dubuque,  Iowa,  a 
trusted  friend  and  a  man  of  large  ability.  But 
in  his  attempts  to  promote  harmony  between 
the  Interior  Department  and  the  War  Depart 
ment  in  dealing  with  the  Indians  there  resulted 


208  JAMES  HARLAN 

only  friction  and  dissatisfaction.  These  condi 
tions,  coupled  with  Harlan 's  open  break  with 
President  Johnson,  are  quite  sufficient  to  ac 
count  for  the  virulency  of  the  antagonism 
against  the  new  Secretary  which  developed  in 
departmental  circles  at  Washington,  and  fol 
lowed  him  for  the  remaining  years  of  his 
political  career. 

Among  the  many  clerks  and  supernumeraries 
who  received  their  dismissal  from  the  Interior 
Department  during  the  general  clearing-out 
process  instituted  by  Secretary  Harlan  was  the 
famous  poet,  Walt  Whitman,  and  probably  no 
other  similar  dismissal  brought  down  upon 
Harlan  such  a  storm  of  censure.  Whitman  had 
earned  the  gratitude  of  the  Government  by  his 
devoted  services  to  sick  and  wounded  soldiers 
in  the  Washington  hospitals,  and  had  been  given 
a  clerkship  in  the  Indian  Bureau  in  recognition 
of  those  services.  He  "had  been  a  favorite  with 
the  chief  clerk  in  the  bureau,  and  had  been  given 
a  good  deal  of  latitude",  and  "whenever  the 
duties  were  not  pressing,  he  was  at  work  upon 
his  manuscripts."272  That  his  work  was  not 
commensurate  with  his  salary  or  with  the  ser 
vices  of  those  who  were  carrying  the  actual 
burden  of  clerical  labor  in  the  Indian  Bureau  is 
admitted  by  most  of  his  biographers.273 

As  has  been  noted  Secretary  Harlan  early 
determined  on  a  policy  of  economy,  including 


SECRETARY  OF  THE  INTERIOR      209 

the  dismissal  of  every  clerk  not  deemed  neces 
sary  to  the  efficiency  of  the  department.  The 
rule  was  rigidly  enforced,  and  as  many  as 
eighty  removals  on  a  single  day  were  reported. 
On  June  30th  occurred  the  dismissal  of  Walt 
Whitman,  along  with  several  others  who  had 
been  holding  their  offices  simply  as  rewards  for 
past  services.274 

A  number  of  Whitman's  friends,  chief  among 
whom  was  W.  D.  O'Connor,  a  brilliant  writer, 
resented  the  poet's  dismissal  and  took  up  cud 
gels  in  his  behalf.  O'Connor  charged  Harlan 
with  having  gone  to  Whitman's  desk  at  night 
and  taken  therefrom  the  manuscript  of  "  Leaves 
of  Grass  ",  on  which  the  poet  was  working  at  the 
time.  Furthermore,  O'Connor  alleged  that 
Harlan  had  read  sufficiently  far  in  the  manu 
script  to  convince  himself  that  it  did  not  meet 
his  idea  of  decency,  that  he  had  then  returned 
the  manuscript  to  the  desk,  and  immediately 
thereafter  dismissed  Whitman  from  the  ser 
vice.275 

From  that  day  to  this,  nearly  every  biogra 
pher  of  Whitman  has  repeated  the  apparently 
unsupported  statement  of  O'Connor  as  to  the 
surreptitious  reading  of  the  manuscript  and  the 
consequent  discharge  of  its  author.  Neverthe 
less,  the  fact  remains  that  Secretary  Harlan 
removed  Whitman  on  Commissioner  Dole's  re 
port  recommending  that  he,  with  others,  be 

14 


210  JAMES  HARLAN 

dismissed,  and  for  a  reason  virtually  conceded 
by  the  more  candid  friends  of  the  poet  to  be  a 
valid  one,  namely,  that  his  services  were  not 
essential  to  the  successful  operation  of  the 
Indian  Bureau.  The  fact  that  an  indiscreet 
friend  unduly  pressed  Whitman's  claims  for  re 
instatement,  chiefly  on  the  ground  of  his  service 
in  the  hospitals  and  his  literary  achievements, 
and  that  Secretary  Harlan  saw  no  reason  why 
the  author  of  "Leaves  of  Grass "  should  be 
longer  pensioned  in  a  department  devoted  sole 
ly  to  business,  is  the  only  discoverable  founda 
tion  for  the  O'Connor  charges.276 

An  exhaustive  history  of  the  disruption  of 
President  Johnson's  first  Cabinet  will  probably 
never  be  written.  The  parties  to  the  differences 
resulting  in  the  withdrawal  of  three  of  its  mem 
bers  —  appointees  of  President  Lincoln  —  have 
long  since  passed  away,  leaving  little  more  of 
record  than  a  few  private  letters,  a  few  inci 
dental  statements  by  participants  in  the  dis 
cussions  in  Cabinet  meetings,  a  few  scattered 
press  reports  more  or  less  untrustworthy,  and 
the  recently  published  Diary  of  the  Reconstruc 
tion  Period,  left  by  Secretary  Gideon  Welles.277 
But  the  general  facts  concerning  the  break-up 
of  the  Cabinet  and  the  controversy  between 
President  Johnson  and  Congress  on  the  subject 
of  Reconstruction  are  sufficiently  well  known  to 
need  no  discussion  in  this  connection.278 


SECRETARY  OF  THE  INTERIOR      211 

From  the  first  there  seems  to  have  been 
a  lack  of  harmony  in  the  Cabinet.  The  stringent 
oath  of  office  prescribed  by  Congress,  the  Max 
imilian  episode  in  Mexico,  the  proposed  trial 
of  Jefferson  Davis,  and  the  war  measures  of 
Secretary  Stanton  were  all  subjects  upon  which 
there  was  sharp  division.  On  some  of  these 
questions  Secretary  Harlan  took  decided 
ground,  and  as  often  found  himself  in  alliance 
with  the  Administration  as  in  opposition  to 
it.279  But  when  the  open  break  came  with  Con 
gress,  he  was  unable  to  adopt  the  view  that  the 
reconstruction  of  the  southern  States  was  an 
executive  prerogative.  Furthermore,  when  the 
radical  supporters  of  President  Johnson  issued 
a  call  for  a  "National  Union  Convention "  to 
meet  in  Philadelphia  and  organize  a  new  party, 
Secretaries  Harlan  and  Dennison  and  Attorney- 
General  Speed  1 1  could  go  no  further  in  nominal 
support  of  Johnson  when  such  action  involved 
a  clear  breach  with  the  old  Union  organiza 
tion.  "28° 

Consequently  on  July  27,  1866,  Secretary 
Harlan  resigned.  "Having  heretofore  in 
formed  you  of  my  readiness  to  withdraw  from 
the  Cabinet  when  it  might  accord  with  your 
pleasure  and  convenience  to  name  my  succes 
sor,  ' '  he  declared  in  a  letter  to  President  John 
son,  "and  in  pursuance  of  an  understanding 
arrived  at  in  a  recent  interview,  I  hereby  tender 


212  JAMES  HARLAN 

my  resignation  of  the  position  of  Secretary  of 
the  Interior  ",281 

As  will  be  seen,  much  censure  was  heaped  on 
James  Harlan  by  his  enemies  because  he  re 
mained  in  the  Cabinet  after  he  had  broken  with 
the  President.  But,  as  is  indicated  in  the  letter 
of  resignation,  he  had  previously  signified  his 
readiness  to  withdraw.  In  fact  it  is  very  evi 
dent  that  he  remained  in  Johnson's  Cabinet 
much  longer  than  he  desired  to  remain,  deeming 
it  his  duty  to  retain  the  position  as  long  as  he 
could  with  self-respect  and  without  compromise 
of  principle.  His  so-called  non-committal  atti 
tude,  covering  only  a  few  weeks  at  the  longest, 
was  in  full  conformity  with  his  standard  of 
official  courtesy.282 


XX 

HARLAN  AND  KIRKWOOD 

WHILE  James  Harlan  was  busy  dismissing 
useless  clerks  from  the  Department  of  the 
Interior  during  the  summer  and  fall  of  1865, 
many  clever  maneuvers  were  in  progress  on 
the  political  checkerboard  in  Iowa  to  fill  his 
vacant  seat  in  the  Senate  for  the  unexpired 
term,  which  would  end  on  March  3,  1867. 
Furthermore,  the  legislature  which  would  meet 
in  January,  1866,  would  be  called  upon  to  choose 
a  Senator  for  the  full  six-year  term  beginning 
on  March  4,  1867.  His  acceptance  of  the  Cab 
inet  position  seemed  to  indicate  that  Harlan 
would  be  out  of  the  race.  Consequently,  with 
both  the  short  and  the  long  term  as  prizes  there 
were  many  political  leaders  in  Iowa  who  were 
"willing"  to  enter  the  contest. 

As  early  as  March  30,  1865,  before  Harlan 
had  really  decided  to  accept  President  Lincoln's 
appointment,  there  was  correspondence  be 
tween  Governor  William  M.  Stone  and  Samuel 
J.  Kirkwood  with  regard  to  the  anticipated 
vacancy.  At  this  time  the  Governor  practically 

213 


214  JAMES  HARLAN 

promised  to  appoint  Kirkwood  in  case  the 
vacancy  should  occur  before  the  meeting  of  the 
legislature.283  Although  Stone  later  apparently 
reconsidered  the  advisability  of  making  an  ap 
pointment,  the  possibility  that  the  vacancy 
would  be  filled  in  this  manner  caused  no  little 
speculation  during  the  summer.  Samuel  J. 
Kirkwood,  however,  early  came  to  be  recognized 
as  a  leading  candidate  for  the  senatorship. 

Late  in  the  summer  much  excitement  was 
caused  by  rumors  that  Secretary  Harlan  de 
sired  to  return  to  the  Senate,  and  as  the  weeks 
went  by  these  rumors  developed  into  certainty. 
About  the  middle  of  July  Harlan  wrote  to 
Kirkwood,  stating  that  as  far  as  he  knew  his 
friends  would  support  the  War  Governor  for 
the  senatorship.  "I  am  not  sure,  however,"  he 
continued,  "but  I  would  like  to  swap  places  with 
you  after  you  have  grown  a  little  tired  of  a  seat 
in  the  senate,  and  feel  like  taking  a  little  recrea 
tion  in  running  after  thieves  that  have  been 
burrowing  about  this  Department,  and  living 
under  its  protecting  aegis  in  the  states  and 
territories.  How  would  you  like  it?"284  Dur 
ing  the  months  following  this  letter  Kirkwood 
was  the  recipient  of  many  letters  warning  him 
that  Harlan  was  laying  plans  to  get  back  into 
the  Senate.  "I  have  heard  so  much  about  what 
Harlan  is  doing,"  wrote  Jacob  Rich,  one  of 
Kirkwood 's  most  ardent  supporters,  "the  ropes 


HARLAN  AND  KIRKWOOD  215 

he  is  pulling,  the  patronage  he  is  wielding,  and 
the  power  he  is  using  to  accomplish  his  election, 
that  I  feel  a  good  deal  down  in  the  mouth  ",285 
Among  Kirkwood's  friends,  however,  the  one 
who  was  the  most  outspoken  against  Harlan 's 
change  of  front  was  James  W.  Grimes.  He  had 
advised  Harlan  not  to  accept  the  Cabinet  posi 
tion,  but  since  he  had  accepted  it  Grimes  con 
sidered  it  an  act  of  bad  faith  to  seek  a  return 
to  the  position  which  he  had  so  recently  aban 
doned  and  for  which  he  had  virtually  promised 
to  support  Kirkwood.  He  ridiculed  Harlan's 
alleged  reluctance  to  accept  the  secretaryship, 
declaring  that  the  change  from  the  Senate  to 
the  Interior  Department  had  been  made  merely 
for  the  purpose  of  entrenching  himself  at  home 
by  a  free  use  of  departmental  patronage.  He 
spoke  of  the  fact  that  Secretary  Harlan  had 
recently  purchased  an  expensive  house  in 
Washington,  much  to  the  surprise  of  all  who 
knew  him,  but  he  believed  it  was  due  the  Secre 
tary  to  say  that  in  his  opinion  the  charges  of 
dishonesty  which  this  purchase  had  occasioned 
were  groundless.286  Nevertheless,  the  friendly 
relations  between  Grimes  and  Harlan,  long  dis 
turbed  by  rival  ambitions,  rival  claims  to 
local  support,  and  the  inevitable  friction  be 
tween  rival  camps  of  interested  personal  sup 
porters,  were  broken  when  Secretary  Harlan 
announced  himself  in  the  hands  of  his  friends 
for  a  third  senatorial  term. 


216  JAMES  HARLAN 

The  news  of  Harlan 's  candidacy  for  a  return 
to  the  Senate  was  greeted  with  much  difference 
of  opinion  on  the  part  of  the  general  public  in 
Iowa.  The  Muscatine  Journal  thought  that  this 
sudden  decision  would  greatly  complicate  the 
senatorial  situation,  and  presumed  that  Harlan 
would  soon  resign  from  the  Cabinet.287  The 
Davenport  Gazette,  on  the  other  hand,  believed 
that  the  situation  would  be  very  much  simpli 
fied.  "It  is  no  disparagement  to  any  one  of  the 
distinguished  men  whose  names  have  been  men 
tioned  in  connection  with  the  vacant  Senator- 
ship  ",  declared  the  editor,  "to  say  that  in  all 
the  requisites  for  a  competent,  faithful  and 
influential  legislator,  Mr.  Harlan  is  the  superior 
of  them  all.  ...  As  Secretary  of  the  In 
terior,  Mr.  Harlan  is  doing  good  service  to  the 
country,  but  if  he  will  assent  to  leave  that 
honored  position  to  serve  again  in  the  Senate, 
there  should  be  no  question  as  to  his  elec 
tion/'288 

The  Burlington  Haiv'k-Eye  did  not  believe 
Harlan  would  be  a  candidate  unless  he  was 
urged  to  do  so  by  his  friends.  But  if  this  should 
prove  to  be  the  case,  the  editor  thought  Harlan 
should  be  left  perfectly  free  to  make  his  own 
choice,  since  he  had  gone  into  the  Cabinet 
"against  his  own  wishes  and  at  the  urgent  and 
continued  solicitations  of  President  Lincoln  and 
leading  friends  of  the  Union."289  This  view, 


HARLAN  AND  KIRKWOOD  217 

however,  did  not  meet  with  the  approval  of 
certain  other  newspapers,  such  as  the  Dubuque 
Times  and  the  Iowa  City  Republican.  "The 
danger  of  the  present  crisis ",  said  the  editor 
of  the  Republican,  "is  from  the  executive,  not 
the  legislative,  department  of  the  government, 
and  should  Mr.  Harlan  retire  from  the  Cabinet 
we  have  every  reason  to  believe  his  place  would 
be  filled  by  a  '  conservative, '  and  the  danger 
increased.  Allowing  Mr.  Harlan  to  be  superior 
to  all  others  in  his  capacity  to  influence  the 
affairs  of  the  nation  for  good,  it  seems  to  us  he 
is  just  where  we  want  him,  and  where,  of  all 
places,  we  need  him."290 

Finally,  there  were  those  who  advocated 
electing  some  other  person  for  the  short  term 
and  giving  Harlan  the  long  term.  This  would 
allow  him  to  remain  in  the  Cabinet  until  the 
first  Monday  in  December,  1867,  nearly  two 
years  and  nearly  until  the  end  of  President 
Johnson's  administration.291 

By  the  time  the  legislature  convened  in  Janu 
ary,  1866,  James  Harlan  and  Samuel  J.  Kirk- 
wood  were  recognized  as  the  leading  candidates 
for  the  senatorship.  There  were,  however,  a 
number  of  other  aspirants  for  the  position, 
including  John  A.  Kasson,  William  M.  Stone, 
S.  E.  Curtis,  Fitz  Henry  Warren,  and  Asahel 
W.  Hubbard,  each  with  a  small  coterie  of  sup 
porters,  who  urged  their  claims  "with  an 


218  JAMES  HARLAN 

earnestness  and  fervor  almost  military."292 
During  the  first  days  of  the  session  the  senator- 
ship  was  apparently  the  main  topic  of  discus 
sion  in  the  capitol  and  hotel  lobbies.  A 
newspaper  correspondent  declared  that  "if 
' '  Cruikshank  could  have  had  good  sketchers  on 
the  ground,  his  immortal  brain  would  have 
found  work  for  years M  in  depicting  the  scenes 
that  were  enacted.293 

There  were  charges  and  countercharges. 
Kirkwood  was  accused  of  being  opposed  to 
negro  suffrage,  of  having  agreed  to  take  the 
short  term  in  order  to  defeat  a  northern  Iowa 
candidate,  and  of  having  made  his  military  ap 
pointments  with  a  view  to  promoting  his  own 
senatorial  aspirations.  Harlan  was  charged 
with  insincerity  in  his  acceptance  of  the  secre 
taryship  and  with  having  enriched  himself  since 
he  had  been  in  the  Department  of  the  Interior. 
And  in  addition  to  these  accusations,  which 
apparently  were  made  more  in  a  spirit  of  good- 
natured  banter  than  in  seriousness,  the  religious 
affiliations  or  beliefs  of  the  candidates  were 
used  as  arguments  when  everything  else  had 
been  exhausted.294 

The  caucus  of  the  Republicans  of  the  legis 
lature  was  held  on  the  evening  of  January  11, 
1866,  and  on  the  third  ballot  James  Harlan 
received  four  votes  more  than  the  number 
necessary  to  nominate  him  for  the  long  term  in 


HARLAN  AND  KIRKWOOD  219 

the  Senate,  beginning  March  4,  1867.  Samuel 
J.  Kirkwood,  who  received  the  next  highest 
number  of  votes,  and  nearly  tied  Harlan  on  the 
first  ballot,  was  on  a  fourth  ballot  declared  the 
party  nominee  for  the  remainder  of  the  un- 
expired  term.295  Nomination  virtually  amount 
ed  to  election,  for  the  Republicans  were 
overwhelmingly  in  the  majority.  On  January 
13th  the  legislature  officially  confirmed  the 
choice  made  in  the  caucus.296 

"Between  these  two  well-known  and  long- 
tried  public  servants,  popular  opinion  through 
out  the  State  as  well  as  in  the  General 
Assembly,  seems  to  have  been  nearly  equally 
divided ",  said  a  Des  Moines  editor,  in  com 
menting  upon  the  results  of  the  election. 
"Each  has  a  record,  beginning  in  the  palmy 
days  long  before  the  war,  and  coming  down 
through  the  era  of  the  Rebellion,  which  will 
ever  be  proudly  cherished  as  a  part  of  the  his 
tory  of  our  patriotic  State.  While  the  friends 
of  each  of  these  distinguished  men  have  been 
warm  and  earnest  in  their  support,  public 
opinion  throughout  the  State  will  hail  the  re 
sult  generally  as  one  of  the  most  auspicious 
events  since  Iowa  was  won  over  from  the  reign 
of  the  Pro-Slavery  Democracy.  "297 

While  it  is  believed  that  this  statement  ex 
pressed  the  attitude  of  a  majority  of  the  people 
of  the  State,  there  were  those  who,  disappointed 


220  JAMES  IIARLAN 

at  the  defeat  of  Kirkwood  for  the  long  term, 
were  quick  to  bring  charges  of  corruption 
against  the  successful  candidate.  A  corre 
spondent  for  an  Iowa  City  newspaper,  for 
instance,  stated  that  there  were  at  Des  Moines, 
lobbying  for  Harlan,  fifteen  men  in  one  way  or 
another  connected  with  the  Department  of  the 
Interior,  and  "Methodist  Preachers,  without 
number  or  piety."298 

That  James  Harlan  actively  sought  a  return 
to  the  United  States  Senate  after  having  been 
only  a  few  months  in  President  Johnson 's 
Cabinet  can  not  be  denied.  But  it  is  not  believed 
that  in  so  doing  he  merited  the  charges  which 
were  made  against  him.  In  the  first  place,  his 
most  confidential  correspondence  reveals  the 
reluctance  with  which  he  accepted  the  secre 
taryship.  In  the  second  place,  there  is  no  basis 
for  the  accusation  that  he  had  accepted  the 
President's  appointment  simply  in  order  to 
bolster  himself  up  for  a  third  term  in  the  Sen 
ate,  for  in  1865,  when  he  went  into  the  Cabinet, 
James  Harlan  had  no  need  to  fear  defeat  at  the 
hands  of  the  people  of  Iowa. 

After  he  had  accepted  the  appointment,  how 
ever,  he  found  the  position  an  unpleasant  one, 
both  on  account  of  vexatious  difficulties  within 
the  department  and  on  account  of  his  inability 
to  approve  of  President  Johnson's  policies.  It 
was,  therefore,  not  a  violation  of  political  ethics 


HARLAN  AND  KIRKWOOD  221 

for  him  to  desire  to  return  to  a  position  which 
had  proved  more  agreeable  and  which  he  had 
every  reason  to  believe  the  people  of  Iowa 
would  be  glad  to  have  him  fill.  Furthermore,  it 
is  probable  that  he  felt  disinclined  to  retire 
from  public  life  in  the  face  of  the  storm  of  petty 
criticism  which  had  been  raised  by  his  endeavor 
to  reform  the  Department  of  the  Interior. 

That  a  number  of  men  in  the  service  of  the 
Department  of  the  Interior  were  more  or  less 
active  in  their  support  of  Harlan 's  candidacy 
during  this  contest  also  admits  of  no  doubt.299 
But  it  was  not  an  unknown  thing  even  at  that 
day  for  men  to  labor  for  the  political  advance 
ment  of  those  to  whom  they  owed  their  posi 
tions.  No  evidence  has  been  discovered  to  prove 
that  there  was  any  corruption  in  connection 
with  the  assistance  thus  rendered  in  this  case. 
In  fact  it  would  seem  that  the  one  charge 
against  James  Harlan  in  this  contest  capable  of 
being  sustained  is  that  he  forgot  his  promise  to 
a  friend,  if,  indeed,  he  had  definitely  promised 
to  support  Kirkwood  for  the  long  term.300 

Unfortunately  the  election  of  James  Harlan 
to  the  Senate  by  the  legislature  in  1866  resulted 
in  breaking  the  friendly  relations  between  him 
self  and  two  other  men,  James  W.  Grimes  and 
Samuel  J.  Kirkwood,  who  with  himself  stand 
out  conspicuously  as  Iowa's  statesmen  of  the 
Civil  War  and  Reconstruction  period.301 


XXI 

RECONSTRUCTION  AND  IMPEACHMENT 

THE  assembling  of  the  first  session  of  the 
Fortieth  Congress  on  March  4,  1867,  found 
James  Harlan  once  more  in  his  seat  in  the 
Senate,  after  an  absence  of  two  years.  In  the 
committee  assignments  he  was  made  chairman 
of  the  Committee  on  the  District  of  Columbia 
and  was  given  a  place  on  three  other  com 
mittees  :  Foreign  Relations,  Post  Office  and  Post 
Roads,  and  Pacific  Railroad. 

No  extended  speeches  were  made  by  Senator 
Harlan  during  this  session,  which  closed  about 
the  middle  of  July.  With  his  accustomed  thor 
oughness,  however,  he  labored  to  perfect  a 
number  of  important  bills,  upon  some  of  which 
his  experience  as  Secretary  of  the  Interior 
made  him  especially  fitted  to  pass  judgment. 
Naturally  the  larger  part  of  his  time  was  de 
voted  to  bills  relating  to  the  District  of  Co 
lumbia.  But  he  also  participated  in  the 
formulation  and  discussion  of  several  bills 
dealing  with  western  problems.  In  fact  the  first 
bill  introduced  by  Senator  Harlan  was  one  to 

222 


RECONSTRUCTION  PROBLEMS         223 

admit  the  State  of  Colorado  into  the  Union.302 
In  the  discussion  of  a  joint  resolution  providing 
for  the  sale  of  certain  stocks  held  in  trust  for 
the  Chickasaw  and  Choctaw  Indians  he  insisted 
that  the  real  issue  was  whether  the  disloyal 
portion  of  these  tribes  should  pay  the  loyal 
portion  for  damages  done  by  the  former  when 
they  joined  the  Confederate  forces  and  drove 
the  latter  from  their  homes.303  He  also  took 
occasion  to  defend  the  Indian  Bureau  against 
charges  made  by  Senator  William  M.  Stew 
art.304  Finally,  when  there  was  complaint  that 
the  Pacific  Railroad  was  not  being  pushed  as 
rapidly  as  it  should  be,  he  replied  that  the 
company  had  carried  on  the  work  of  construc 
tion  whenever  the  weather  would  permit,  and 
during  the  past  year  had  constructed  more  miles 
than  the  law  required.305 

In  the  fall  of  1867  Senator  Harlan  placed 
himself  at  the  disposal  of  the  Iowa  Republican 
State  Central  Committee,  and  spent  several 
weeks  in  filling  assignments  for  political 
speeches  in  different  parts  of  the  State.  Then 
he  returned  to  Washington  to  prepare  for  the 
work  of  a  session  of  Congress  which  proved  to 
be  intensely  exciting. 

Reconstruction  and  the  impeachment  of 
Andrew  Johnson  were  the  two  subjects  which 
overshadowed  all  others  during  the  second 
session  of  the  Fortieth  Congress,  and  in  both 


224  JAMES  HARLAN 

cases  the  voice  of  James  Harlan  was  heard  in 
vigorous  protest  against  the  actions  and  policy 
of  the  President.  On  February  10th  he  opened 
the  debate  on  the  supplemental  reconstruction 
bill  and,  in  an  eminently  logical  and  well-con 
structed  speech,  set  forth  his  views  on  the 
question  which  was  the  great  issue  of  the  day. 
Since,  in  his  opinion,  the  whole  controversy 
over  reconstruction  would  be  settled  by  deter 
mining  whether  or  not  the  existing  governments 
in  the  ten  southern  States  were  legal,  he  pro 
ceeded  with  a  historical  review  of  the  situation. 
The  governments  which  had  existed  in  each  of 
these  States  in  1860  had  been  superseded  "by 
organizations  which  the  people  themselves  in 
those  States  denominated  State  governments ", 
but  which  every  department  of  the  National 
government  had  declared  to  be  void.  But  in 
what  did  the  illegality  of  these  so-called  rebel 
State  governments  consist?  They  had  been 
drawn  up  in  pursuance  of  law  and  with  great 
regularity,  they  were  practically  perfect  in  form 
and  effective  in  operation,  and  they  were  repub 
lican  in  character.  It  might  be  objected  that 
they  failed  to  comply  with  the  constitutional 
provisions  requiring  all  State  officers  to  take  an 
oath  to  support  the  Constitution  of  the  United 
States.  But  this  was  a  defect  which  might 
easily  be  supplied.  In  fact  two  propositions  of 
this  kind  had  been  made  and  had  been  promptly 


RECONSTRUCTION  PROBLEMS         225 

rejected  by  the  President.  Judging  them,  there 
fore,  strictly  from  the  standpoint  of  legality, 
there  was  no  defect  in  the  rebel  State  govern 
ments  which  Congress  might  not  easily  have 
remedied  had  it  been  inclined  to  do  so. 

Turning  then  to  an  examination  of  the  gov 
ernments  established  by  President  Johnson  in 
the  southern  States  at  the  close  of  the  war,  he 
declared  that  their  organization  was  effected 
without  warrant  of  any  law,  constitutional  or 
statute,  federal  or  State.  "Nor  were  they  the 
fruits  of  the  voluntary  action  of  the  people  of 
these  States  ....  The  voluntary  action 
of  the  people  was  in  a  different  direction.  .  .  . 
They  proposed  voluntarily  to  assemble,  rescind 
their  ordinances  of  secession,  and  repeal  the 
laws  which  they  had  enacted  in  conflict  with  the 
Constitution  and  laws  of  the  United  States ". 
Instead  of  this,  the  President  compelled  them  to 
begin  "de  novo  an  organization  of  State  gov 
ernments  from  the  foundation/'  and  compelled 
them  by  military  force  to  embody  and  enforce 
certain  provisions  in  their  constitutions.  i l  They 
were  no  more  voluntary  than  the  delivery  of 
his  purse  by  an  unarmed  traveler  on  demand  of 
a  highwayman  with  the  mouth  of  a  pistol  at  his 
breast."  Therefore,  the  governments  initiated 
by  the  President  were  defective  and  equally 
void  with  the  governments  which  preceded 
them. 

15 


226  JAMES  HARLAN 

It  was  admitted,  as  in  the  case  of  the  rebel 
State  governments,  that  Congress  might  pass 
over  these  defects  if  it  chose.  There  were  many 
precedents  for  action  of  this  character  on  the 
part  of  Congress,  but  thus  far  in  this  case  no 
such  laws  had  been  passed.  Senator  Harlan 
did  not  believe  that  the  fact  that  amendments  to 
the  federal  Constitution  had  been  adopted  by 
the  aid  of  some  of  these  southern  States  implied 
the  recognition  of  the  validity  of  their  govern 
ments  on  the  part  of  Congress. 

The  real  question,  then,  was  whether  it  would 
be  wise  for  Congress  to  vitalize  the  defective 
provisional  governments  in  the  ten  southern 
States  as  they  were  then  constituted.  The  sup 
porters  of  the  President  insisted  that  since  the 
Republicans  had  sustained  Lincoln's  adminis 
tration  and  policy  they  were  bound  to  sustain 
his  successor.  Harlan  denied  this  claim  by 
showing  that  Johnson 's  policy  was  by  no  means 
identical  with  that  of  President  Lincoln,  if, 
indeed,  the  latter  could  be  said  to  have  formu 
lated  any  definite  policy  of  reconstruction. 
Hence  Congress  need  feel  no  necessity  of  sup 
porting  Andrew  Johnson's  actions  on  that 
ground.  Moreover,  the  evidence  brought  out  in 
the  investigations  of  the  Committee  on  Recon 
struction  went  to  show  that  the  southern  State 
governments  as  then  organized  were  "in  the 
hands  of  those  who  were  the  leaders  in  the  re- 


RECONSTRUCTION  PROBLEMS         227 

bellion,  almost  without  a  single  exception ",  and 
that  the  men  elected  to  seats  in  both  houses  of 
Congress  were  of  the  same  stamp. 

The  contention  made  by  some  Senators  that 
the  test  oath  prescribed  by  Congress  in  1862 
would  serve  to  keep  out  of  Congress  those  in 
sympathy  with  the  rebellion,  Senator  Harlan 
declared  to  be  fallacious.  That  this  oath  would 
prove  no  barrier  had  already  been  demonstrated 
in  several  cases  in  which  it  had  been  left  to  the 
individual  applying  for  a  seat  in  Congress  to 
decide  for  himself  whether  or  not  he  could  take 
the  oath  in  good  conscience.  And  in  spite  of 
the  fact  that  it  had  been  claimed  that  the 
Senators  and  Representatives  from  the  ten 
southern  States  would  be  few  in  number,  he 
insisted  that  they  might  easily  hold  the  balance 
of  power. 

"If,  then,"  Senator  Harlan  said  in  conclu 
sion,  "this  Government  is  justifiable  in  refusing 
to  vitalize  these  illegal  State  organizations;  if 
it  is  necessary  for  the  protection  of  the  people, 
in  order  that  they  may  not  be  hereafter  saddled 
with  an  immensely  augmented  national  debt,  we 
come  to  the  inquiry,  whether  we  have  the  power 
to  do  so. ' '  In  other  words,  was  the  reconstruc 
tion  legislation  already  passed  by  Congress 
unconstitutional?  Ten  members  of  the  Senate 
had  charged  the  remaining  forty-three  with 
passing  those  laws  for  partisan  purposes, 


228  JAMES  HARLAN 

"with  knowingly,  willfully,  trampling  under 
their  feet  the  fundamental  law  of  the  nation, 
violating  their  oaths  of  office,  sitting  here  with 
blighted  consciences  before  God;  and,  if  the 
allegation  be  true,  deserving  nothing  so  much 
as  the  scorn  of  all  honest  men."  These  charges 
Senator  Harlan  emphatically  repelled.  No  de 
cision  of  the  courts  had  yet  called  into  question 
the  validity  of  any  of  the  reconstruction  laws 
passed  by  Congress.  And  finally,  when  the 
case  had  been  submitted  to  the  great  jury  of 
the  people  at  the  last  congressional  elections 
they  had  sustained  the  Congressional,  as  op 
posed  to  the  executive,  policy  of  Reconstruction 
by  a  majority  of  over  one  hundred  and  thirty- 
four  thousand,  in  spite  of  President  Johnson's 
famous  "swinging  round  the  circle"  tour.306 

A  side-light  on  Senator  Harlan 's  attitude  to 
ward  Reconstruction  is  to  be  found  in  a  letter 
written  shortly  after  his  speech  in  the  Senate 
to  James  Vincent  of  Tabor,  Iowa.  This  letter, 
which  was  published  in  the  newspapers,  deals 
almost  entirely  with  the  question  of  negro 
suffrage,  on  which  there  was  much  difference 
of  opinion,  and  reveals  something  of  the  per 
plexing  problems  which  confronted  conscien 
tious  members  of  Congress  in  dealing  with  the 
southern  States. 

Senator  Harlan  realized  the  objections  to 
granting  the  suffrage  to  a  race  of  people  which 


RECONSTRUCTION  PROBLEMS         229 

had  so  long  been  kept  in  ignorance.  And  yet  he 
saw  no  other  way  of  securing  reconstruction 
"on  a  Union  platform".  If  the  whites  alone 
were  allowed  to  vote  "a  majority  of  them  be 
ing  honest  secessionists,  they  would  select 
secessionists  to  fill  all  the  offices,  to  make  and 
enforce  all  the  laws,  State  and  National ".  In 
fact,  there  was  no  need  for  conjecture  on  this 
point,  for  such  had  proven  to  be  the  case  in 
several  instances.  If,  on  the  other  hand,  whites 
and  negroes  alike  were  allowed  to  vote  it  would 
insure  the  election  of  a  majority  of  Union  men 
in  every  State. 

Clearly,  then,  it  was  not  safe  to  trust  the 
suffrage  to  the  whites  alone,  and  only  two 
courses  remained  open :  to  enforce  military  rule 
in  the  southern  States,  or  to  insure  the  election 
of  Union  men.  The  first  alternative  was  out  of 
the  question.  The  second  could  be  accom 
plished  only  by  the  aid  of  the  negro  vote.  He 
admitted  that  the  negroes  had  been  deprived  of 
book  learning,  but  insisted  that  at  every  oppor 
tunity  thus  far  they  had  shown  themselves 
capable  of  understanding  the  points  at  issue 
between  the  North  and  the  South.  To  deny 
them  suffrage  until  they  could  read  and  write, 
unless  also  denied  the  whites,  would  be  unjust 
to  them  and  would  endanger  the  welfare  of  the 
southern  States  by  continuing  ex-rebels  in 
power.  To  require  both  whites  and  blacks  to  be 


230  JAMES  HARLAN 

able  to  read  and  write  before  being  allowed  to 
vote  would  create  an  aristocracy.  "You  will 
perceive,  therefore/'  Senator  Harlan  said  in 
conclusion,  "that  it  is  a  difficult  subject  to  settle 

-  that  we  are  compelled  to  run  some  hazards 

-  and,  on  the  whole,  I  am  inclined  to  think  it 
safer  to  trust  ignorant  people  who  are  honest 
and  patriotic  than  educated  knaves  and  con 
fessed  traitors."307 

Reconstruction,  however,  was  not  the  subject 
which  created  the  most  widespread  interest 
during  the  early  months  of  1868,  nor  is  it  the 
debates  on  this  subject  for  which  the  second 
session  of  the  Fortieth  Congress  is  especially 
remembered  in  history.  The  impeachment 
trial  of  Andrew  Johnson  was  the  all-absorbing 
topic  of  discussion,  both  in  the  halls  of  Congress 
and  in  the  country  at  large.  Among  the  Sen 
ators  who  put  themselves  on  record  in  favor  of 
impeachment  was  James  Harlan.  His  "opin 
ion"  was  neither  as  oratorical  nor  as  elaborate 
as  many  of  the  other  speeches  delivered  during 
the  course  of  the  trial.  It  was  comparatively 
brief  and  was  confined  to  the  first  two  articles 
of  impeachment,  but  it  was  characteristically 
clear,  logical,  and  convincing. 

Addressing  himself  to  the  first  article  of 
impeachment  which  charged  the  President  with 
removing  Secretary  Stanton  from  the  War 
Department  in  violation  of  the  Constitution  and 


RECONSTRUCTION  PROBLEMS         231 

the  Tenure  of  Office  Act  of  March  2,  1867, 
Senator  Harlan  reviewed  the  constitutional 
aspects  of  the  case.  "The  Constitution  does 
not  any  where, "  he  held,  "in  terms,  confer  on 
the  President  the  authority  to  make  removals; 
nor  does  it  anywhere  confer  on  him  this  right 
by  necessary  implication.  It  does  confer  on 
him  the  qualified  right  to  make  appointments." 
That  is,  the  President  had  the  exclusive  power 
to  make  appointments  to  fill  vacancies  tempo 
rarily  during  the  recess  of  the  Senate,  and  to 
make  permanent  appointments  during  the  ses 
sion  of  the  Senate,  by  and  with  the  consent  of 
that  body.  Granting,  therefore,  that  the  right 
to  appoint  implied  the  right  to  remove,  it  fol 
lowed  that  the  President  had  no  power  to  make 
removals  during  the  session  of  the  Senate 
without  securing  its  consent,  as  had  been  the 
case  in  the  removal  of  the  Secretary  of  War. 
In  fact  this  was  practically  the  first  case  in  the 
history  of  the  Nation  in  which  the  President 
had  made  a  removal  without  securing  the  con 
sent  of  the  Senate  when  that  body  was  in 
session. 

If  the  President  might  at  his  discretion  re 
move  civil  officers  he  might  with  equal  authority 
remove  Judges  of  the  Supreme  Court  and  of 
ficers  in  the  army  and  navy  whenever  it  suited 
his  fancy.  "I  cannot  bring  myself  to  believe ", 
Harlan  declared,  "that  the  framers  of  the 


232  JAMES  HARLAN 

Constitution  could  have  intended  to  vest  in  the 
President  a  purely  discretionary  power  so  vast 
and  far-reaching  in  its  consequences,  which  if 
exercised  by  a  bad  or  a  weak  President  would 
enable  him  to  bring  to  his  feet  all  the  officers  of 
the  Government,  military  and  civil,  judicial  and 
executive,  to  strike  down  the  republican  char 
acter  of  our  institutions  and  establish  all  the 
distasteful  characteristics  of  a  monarchy." 
For  these  reasons,  he  believed  that  President 
Johnson  had  violated  the  Constitution  in  re 
moving  Secretary  Stanton. 

Not  only  had  Andrew  Johnson  violated  the 
Constitution,  reasoned  the  Senator,  but  he  had 
also  violated  the  Tenure  of  Office  Act.  This  act, 
approved  on  March  2,  1867,  had  been  enacted 
with  two  purposes  in  view:  to  prohibit  re 
movals,  and  to  limit  the  terms  of  service  of 
Cabinet  members;  and  it  expressly  provided 
that  removal  of  Cabinet  members  should  be  by 
and  with  the  consent  of  the  Senate. 

The  second  article  of  impeachment  charged 
the  President  with  appointing  Lorenzo  Thomas 
as  Secretary  of  War  ad  interim  when  there  was 
no  vacancy  in  that  office,  and  without  the  con 
sent  of  the  Senate,  which  was  in  session  at  the 
time.  The  President  justified  the  appointment 
of  Thomas  by  citing  a  statute,  passed  in  1795, 
authorizing  the  President  to  fill  temporarily 
vacancies  caused  by  the  inability  of  a  Cabinet 


RECONSTRUCTION  PROBLEMS         233 

officer  to  perform  the  duties  of  his  office.  But 
Senator  Harlan  contended  that  this  law  did  not 
give  President  Johnson  authority  to  appoint 
Thomas  during  the  session  of  the  Senate  with 
out  its  consent,  for  to  construe  the  law  in  this 
manner  would  render  it  unconstitutional  and 
consequently  null  and  void.  Moreover,  the  law 
in  question  did  not  contemplate  a  vacancy  cre 
ated  by  removal  —  a  removal  which  in  this  case 
was  in  violation  of  both  the  Constitution  and 
the  Tenure  of  Office  Act,  as  was  charged  in  the 
first  article  of  impeachment.  Hence  Thomas 
had  been  appointed  by  Andrew  Johnson  to  a 
vacancy  which  did  not  legally  exist.  "  I  do  not, 
therefore,  see  my  way  clear, ' '  declared  Senator 
Harlan  in  closing,  "under  the  solemnities  of  my 
oath,  to  find  him  innocent."308 

Harlan 's  speech  was  hailed  with  hearty  ap 
proval  in  Iowa  and  throughout  the  West.  "We 
take  great  pleasure  in  presenting  to  our  readers 
this  unanswerable  speech  of  Senator  Harlan," 
proclaimed  the  Iowa  State  Register," because  in 
these  times  of  Senatorial  recreancy  it  will  help 
to  show  that  the  popular  verdict  which,  months 
ago,  convicted  Andrew  Johnson  of  high  crimes, 
warranting  his  removal  from  office,  was  founded 
upon  an  honest,  legal  basis."309  By  the  irony 
of  fate  which  sometimes  leads  public  opinion 
into  mistaken  channels,  Senator  Grimes,  one 
of  the  small  group  who  stoutly  opposed 


234  JAMES  HARLAN 

impeachment,  received  nothing  but  bitter  con 
demnation  from  his  constituents.  "Mr.  Harlan 
voted  as  the  Republicans  of  Iowa,  without  a 
dissenting  voice,  desired  and  expected  —  Mr. 
Grimes  voted  as  none  desired,  but  many 
feared",  was  the  comment  of  a  writer  in  a 
Chicago  newspaper.310  And  yet  it  is  the  verdict 
of  history  that  James  W.  Grimes  and  his  asso 
ciates  in  voting  against  the  impeachment  of 
Andrew  Johnson  saved  the  country  from  what 
would  have  been,  to  say  the  least,  a  very  em 
barrassing  situation. 

Reconstruction  and  impeachment,  however, 
did  not  prevent  Senator  Harlan  from  giving 
careful  attention  to  the  regular  grist  of  legis 
lation.  As  in  the  previous  session  his  energies 
were  largely  directed  toward  supplying  the 
needs  of  the  District  of  Columbia.  But  he  took 
part  in  the  debates  on  at  least  seventy  bills  and 
resolutions  covering  the  whole  range  of  legis 
lative  activity.  Bills  relating  to  the  Dubuque 
and  Sioux  City  Railroad  and  the  central  branch 
of  the  Union  Pacific  Railroad  Company,  and  a 
resolution  regarding  the  Rock  Island  bridge 
called  for  special  remarks,  because  they  were  of 
vital  interest  to  the  people  of  Iowa.  The  Indian 
appropriation  bill  and  the  deficiency  bill  were 
other  subjects  in  the  discussion  of  which  Sen 
ator  Harlan  took  a  prominent  part. 


XXII 

CHARGES  OF  DISHONESTY 

THE  year  which  James  Harlan  spent  in  the 
Cabinet  of  President  Johnson  as  Secretary  of 
the  Interior  was  without  doubt  the  turning 
point  of  his  career.  For  out  of  that  one  year's 
service  grew  nearly  all  the  persecution  which 
followed  him  during  the  remaining  years  of 
his  public  life.  The  opposition  aroused  by 
Secretary  Harlan  by  his  attempts  to  put  the  In 
terior  Department  on  an  honest  business  basis, 
and  the  charges  made  against  him  at  the  time  of 
his  reelection  to  the  Senate  have  already  been 
noted.  But  these  charges  were  only  the  be 
ginning  of  a  series  of  vindictive  and  unwar 
ranted  accusations  made  by  his  enemies  for  the 
purpose  of  driving  him  from  his  seat  in  the 
Senate. 

The  presidential  campaign  of  1868,  like  the 
three  preceding  ones,  brought  Senator  Harlan 
valiantly  to  the  support  of  his  party.  A  rumor 
had  been  circulated  to  the  effect  that  he  was  to 
enter  the  canvass  in  the  Pacific  coast  States,  but 
a  Des  Moines  editor  assured  his  readers  that 

235 


236  JAMES  HARLAN 

this  report  was  untrue.  He  congratulated  "the 
people  of  the  State  upon  the  opportunity  which 
will  be  thus  afforded  them  of  listening  to  one  of 
the  most  eloquent  orators  in  the  country;  and 
one  who,  when  others  have  wavered  and  fal 
tered,  has  always  been  true  to  his  principles 
and  to  the  party  he  has  been  chosen  to  repre 
sent.77311  Then  followed  a  list  of  speaking 
appointments  covering  the  southeastern  quarter 
of  the  State  from  Des  Moines  to  Burlington. 

On  September  5th,  the  day  of  Senator  Har 
lan  7s  speech  at  the  State  capital,  a  newspaper 
published  in  Des  Moines  declared  that ' i  Harlan 
has  many  constituents  in  Iowa,  poor  men,  who 
would  like  to  get  a  40,  80  or  160  acre  tract  of 
that  Kansas  land  which  he  sold  to  Sturgis  for 
one  cent  and  a  quarter  an  acre,  and  will  give 
2y2  cents  per  acre.7'312  This  was  a  faint  re 
flection  of  a  charge  made  against  Harlan  shortly 
after  his  retirement  from  the  Cabinet,  in  which 
he  was  accused  of  corruption  in  the  sale  of 
certain  Cherokee  Indian  lands  in  Kansas.  He 
had  at  the  time  vigorously  denied  the  charge 
and  made  a  detailed  explanation  of  the  sale 
which  to  any  fair-minded  person  would  have 
cleared  him  of  suspicion  of  wrong-doing.  But 
fairness  is  not  always  found  in  politics,  and  so 
the  charge  made  its  appearance  periodically 
until  the  man  at  whom  it  was  aimed  was  retired 
to  private  life. 


CHARGES  OF  DISHONESTY  237 

In  this  case,  however,  Senator  Harlan  was 
not  obliged  to  make  his  own  defense,  for  he 
found  an  able  champion  in  the  editor  of  the 
Iowa  State  Register.  That  journal  denied  that 
Harlan  had  ever  sold  any  land  to  "Sturgis" 
for  one  and  a  quarter  cents  per  acre  or  for  any 
other  price.  "While  Senator  Harlan  was  Sec 
retary  of  the  Interior  he  did  negotiate  a  sale  of 
a  tract  of  land  situated  in  Kansas,  owned  by 
the  Cherokee  Indians,  not  to  '  Sturgis ',  but  to  a 
reliable  Company;  and  not  for  one  and  one 
quarter  cents  per  acre,  but  all  that  part  claimed 
and  occupied  by  settlers  for  the  appraised  value 
by  sworn  appraisers,  and  the  residue,  including 
all  the  refuse  land  in  the  tract,  at  ONE  DOLLAR 
per  acre. ' '  This  sale  had  been  assailed  '  '  by  the 
disreputable  portion  of  the  Copperhead  press 
as  a  swindle.  And  Mr.  Harlan 's  successor, 
Secretary  Browning,  attempted  to  break  up  the 
sale;  advertised  the  land  for  sale  for  about  a 
year;  was  unable  to  sell  it  for  more  than  one 
dollar  per  acre;  and  then  made  a  new  treaty 
with  the  Cherokee  Indians  at  their  request,  con 
firming  the  sale  made  by  Secretary  Harlan.  "313 

About  the  middle  of  September  James  Harlan 
hastened  back  to  Washington  to  attend  a  special 
session  of  Congress,  and  to  be  present  at  an 
event  which  cemented  the  strong  friendship 
which  since  1861  had  existed  between  the 
Lincoln  and  Harlan  families.  On  the  evening 


238  JAMES  HARLAN 

of  September  24,  1868,  at  the  Harlan  home  in 
Washington,  occurred  the  marriage  of  Robert 
T.  Lincoln  and  Mary  Harlan.  No  cards  of  in 
vitation  were  issued,  and  the  wedding  party 
consisted  simply  of  a  few  personal  friends  of 
the  two  families.314 

In  the  legislation  of  the  third  session  of  the 
Fortieth  Congress,  Senator  Harlan  took  com 
paratively  little  part  beyond  active  service  on 
committees  and  occasional  participation  in  the 
discussion  of  subjects  on  which  he  was  espe 
cially  prepared  to  speak.  But  on  January  15th 
there  came  to  his  attention  an  article  signed  by 
H.  V.  Boynton,  which  had  originally  appeared 
in  the  Cincinnati  Gazette.  The  article  pur 
ported  to  be  an  expose  of  frauds  in  connection 
with  the  disposal  of  public  lands  in  the  West, 
and  two  paragraphs  referred  particularly  to 
Harlan 's  actions  while  Secretary  of  the  In 
terior.  The  first  charge  made  against  Harlan 
had  to  do  with  the  extension  of  the  Burlington 
and  Missouri  River  Railroad.  It  was  asserted 
that  by  an  improper  order  withdrawing  from 
sale  lands  along  this  extension  Harlan  had 
attempted  to  divert  for  himself  and  a  number 
of  friends  "a  tract  large  enough  for  a  very 
respectable  State ",  and  that  he  had  been  pre 
vented  only  by  the  remonstrances  of  the  Kansas 
legislature  and  the  Kansas  delegation  in  the 
lower  house  of  Congress. 


CHARGES  OF  DISHONESTY  239 

The  second  accusation  which  Boynton  made 
against  Harlan  was  a  renewal  of  the  oft- 
repeated  charge  in  connection  with  the  sale  of 
the  Cherokee  Indian  lands  in  Kansas.  "The 
treaty  regarding  these  lands ",  ran  the  article, 
"provided  that  he  might  sell  them  in  a  body  at 
not  less  than  one  dollar  per  acre,  and  for  cash. 
He  sold  to  a  company  called  the  Connecticut 
Emigrant  Company,  which  was,  in  reality,  an 
Iowa  company,  in  which  his  friends,  at  least, 
were  largely  interested.  Instead  of  selling  for 
cash,  he,  in  violation  of  law,  sold  the  tract  of 
eight  hundred  thousand  acres  on  time,  requiring 
only  $25,000  as  a  first  payment.  The  sale  was 
disputed,  and  the  Attorney  General  decided  that 
the  whole  affair  w^as  illegal.  Here  it  rested  till 
a  supplemental  treaty  could  be  worked  through 
the  Senate  authorizing  a  sale  on  time.  .  .  . 
Leaving  entirely  out  of  view  the  Iowa  feature 
of  the  so-called  Connecticut  company  and  the 
circles  of  his  friends  who  were  enriched,  the 
mildest  aspect  which  can  be  put  upon  it  is  that 
the  Attorney  General  decided  the  operation  to 
be  outside  the  bounds  of  the  law."313 

On  January  18th  Senator  Harlan  asked  and 
received  permission  to  make  a  few  remarks 
relative  to  Boynton 's  statements,  not  so  much 
to  clear  himself  as  to  set  the  real  facts  before 
the  public,  for  the  article  in  question  exhibited 
"a  degree  of  carelessness  or  of  ignorance,  if 


240  JAMES  HARLAN 

nothing  worse",  that  "would  unfit  a  gentleman 
to  be  a  correspondent  for  any  respectable 
journal."  Furthermore,  he  declared  that  if  his 
reputation  "could  now  be  seriously  and  per 
manently  affected  by  such  influences,  however 
potential,"  he  would  consider  his  life  a  failure. 

Taking  up  the  accusation  in  connection  with 
the  Burlington  and  Missouri  River  extension, 
he  called  attention  to  the  law  specifically  re 
quiring  the  Secretary  of  the  Interior  to  with 
draw  from  sale  lands  along  the  route  of  the 
proposed  road  for  the  benefit  of  the  road.  He 
read  correspondence  to  prove  that  he  had  ful 
filled  the  requirements  of  the  law,  and  nothing 
more.  "In  relation  to  the  insinuation  that  this 
order  was  made  for  the  purpose  of  benefiting 
myself  and  the  honorable  Senator  from  Kansas, 
and  our  personal  friends,"  he  emphatically 
declared,  "I  have  only  to  say  this.  I  have  not 
now,  I  had  not  then,  I  never  had,  and  I  never 
expect  to  have,  one  particle  of  interest  in  the 
Burlington  and  Missouri  River  Railroad  Com 
pany  's  road  or  its  extension ;  nor  do  I  know  who 
the  persons  are  who  are  pecuniarily  interested 
in  that  organization".310 

Boynton's  allegation  relative  to  the  sale  of 
the  Cherokee  Indian  lands  was  examined  with 
equal  frankness,  since  his  former  explanation 
on  this  point  had  been  made  in  executive  ses 
sion,  and  he  now  wished  the  facts  to  be  made  a 


CHARGES  OF  DISHONESTY  241 

matter  of  public  record.  He  briefly  reviewed 
the  history  of  treaties  with  the  Cherokees  con 
cerning  their  lands  in  Kansas,  and  especially 
the  treaty  under  which  the  sale  made  by  him  as 
Secretary  of  the  Interior  was  negotiated.  This 
treaty  provided  that  the  land  should  be  sold  to 
two  classes  of  people.  The  white  settlers  living 
on  the  Indian  lands,  although  trespassers,  were 
to  have  the  right  to  purchase  the  land  on  which 
they  lived  at  its  appraised  value,  exclusive  of 
improvements.  The  remainder  of  the  lands 
might  be  sold  in  subdivisions  to  the  highest 
bidder,  but  not  for  less  than  an  average  of  one 
dollar  and  a  quarter  an  acre ;  or  it  might  be  sold 
in  a  body  for  cash  to  a  responsible  party  or 
parties  at  not  less  than  one  dollar  an  acre. 

In  pursuance  of  this  treaty,  Harlan  declared, 
he  had  conducted  the  sale.  The  Attorney 
General  had  afterward  written  an  opinion  hold 
ing  that  the  treaty  required  the  payment  of 
cash  in  hand  at  the  time  of  sale,  whereas  only 
part  cash  had  been  paid.  Senator  Harlan  stated 
that  he  had  been  intimately  connected  with  the 
making  of  the  treaty  and  he  knew  positively 
that  the  term  "cash"  had  been  inserted  "not  to 
prevent  a  time  sale,  but  to  prevent  a  sale  of  the 
land  for  certified  Indian  indebtedness. ' '  There 
fore,  the  contract  "was  made  in  strict  pursu 
ance  of  the  understanding  of  the  treaty  had  by 
both  contracting  parties  at  the  time  the  treaty 

16 


242  JAMES  HARLAN 

was  negotiated. "  Furthermore,  he  showed  by 
quoting  the  prices  of  similar  adjoining  land 
that  one  dollar  an  acre  was  all  the  tract  in 
question  was  worth  or  at  least  all  it  would  bring 
in  the  market.  This  fact  had  been  corroborated 
by  his  successor,  Secretary  Browning,  after  a 
careful  investigation.  Eepeating,  in  conclusion, 
what  he  had  said  in  connection  with  the  Burling 
ton  and  Missouri  Elver  extension,  he  declared : 
' i  I  had  not  at  the  time,  have  not  now,  never  had 
and  never  expect  to  have,  one  cent's  worth  of 
interest  in  the  subject  matter  of  the  treaty. "3l7 

Before  relinquishing  the  floor  Senator  Harlan 
paid  his  respects  to  the  "people  hanging 
around  Washington  writing  for  newspapers, 
styling  themselves  correspondents,  and  occupy 
ing  seats  in  that  gallery  by  the  courtesy  of  the 
Senate,  who,  when  they  are  unable  to  hire  them 
selves  to  advocate  measures  involving  appro 
priations  from  the  public  Treasury,  endeavor 
to  teach  the  parties  in  interest  their  importance 
by  denunciation  and  abuse.'7318 

About  this  same  time  there  reappeared  in 
various  newspapers  hints  of  the  alleged  wealth 
which  Harlan  had  acquired  while  Secretary  of 
the  Interior.  Late  in  February  there  was 
printed  in  the  Davenport  Gazette  a  letter  from 
Washington  replying  to  these  insinuations  and 
giving  the  following  inventory  of  the  property 
owned  by  James  Harlan : 


CHARGES  OF  DISHONESTY  243 

That  gentleman  is  not  wealthy.  He  does  not  own  a 
dollar's  worth  of  bonds,  stocks,  debentures,  railroad  or 
bank  shares,  nor  any  description  of  scrip.  He  does 
not  own  the  Washington  residence.  That  property 
was  purchased  more  than  four  years  ago,  mainly  on 
long  credit,  at  six  per  cent.  The  purchase  was  mainly 
effected  with  the  proceeds  of  a  little  property  which 
fell  to  Mrs.  Harlan  from  two  deceased  relatives.  Very 
properly  the  residence  when  paid  for  will  be  held  in 
Mrs.  Harlan 's  name  and  right.  Mr.  Harlan  has  not  a 
foot  of  real  estate  outside  of  Iowa,  and  owns  nothing 
there  except  his  Mount  Pleasant  property,  a  sixty 
acre  farm  in  Henry  county  bought  several  years  ago 
at  four  dollars  per  acre,  and  three  hundred  and  twenty 
acres  of  wild  prairie  in  Guthrie  county.  The  value  of 
the  whole  of  his  real  estate  possessions  may  be  in 
ferred  from  the  fact  that  the  total  annual  taxes  there 
on  —  State,  county,  local  and  municipal  —  as  shown 
by  the  tax  receipts  for  last  year,  exhibited  to  me  with 
letters  of  the  agents,  attending  to  the  business,  is  less 
than  one  hundred  and  fifty  dollars.319 

As  soon  as  this  statement  of  his  financial 
condition  came  to  Senator  Harlan 's  attention 
he  wrote  a  letter  to  the  editor  of  the  Gazette 
which  is  significant  in  view  of  the  frequency 
with  which  the  charge  of  personal  enrichment 
through  official  position  was  made  during  sub 
sequent  years.  He  wrote,  in  part : 

Although  I  do  not  admit  the  right  of  any  one  to  pry 
into  my  private  affairs,  and  have  uniformly  declined 
to  notice  the  ridiculous  stories  circulated  by  political 


244  JAMES  HARLAN 

enemies  —  sanctioned,  sometimes,  by  envious  and  pos 
sibly  disappointed  political  friends  —  I  cannot  com 
plain  of  this  letter,  for  it  has  evidently  been  indited 
by  the  spirit  of  friendship ;  but  as  it  is  not  entirely 
accurate,  it  is  best  perhaps  that  the  errors,  however 
small,  should  be  corrected. 

1st.  I  do  own  bank  stock  in  the  First  National  Bank 
of  Mt.  Pleasant,  Iowa,  to  the  amount  of  fifteen  hun 
dred  dollars;  and  bonds  on  the  Territory  (now  State) 
of  Nebraska  to  the  amount  of  twenty-five  hundred 
dollars. 

2d.  My  farm  of  about  fifty  acres  in  Henry  county, 
near  Mt.  Pleasant,  cost  me  more  than  "four  dollars 
per  acre."  I  bought  it  eight  or  ten  years  ago  for  just 
two  thousand  dollars. 

3d.  In  addition  to  the  three  hundred  and  twenty 
acres  of  land  in  Cass  county  (not  "Guthrie"),  bought 
of  the  United  States  at  one  dollar  and  quarter  per 
acre  before  I  entered  the  Senate,  I  own  eighty  acres 
of  unimproved  land  in  Henry  county,  which  cost  me 
four  or  five  dollars  per  acre. 

4th.  The  taxes  levied  and  collected  on  my  entire 
property  last  year  was  a  little  less  than  one  hundred 
and  seventy-five  dollars. 

The  other  statements  in  the  letter  are  correct.  It  is 
true  that  I  own  no  property  outside  of  Iowa  and  have 
had  no  income  worth  mentioning,  except  my  salary  as 
Senator. —  In  short  that  I  am  not  rich,  chiefly,  as  I 
think,  because  I  have  never  desired  to  be,  and  could 
not  take  advantage  of  opportunities  to  acquire  prop 
erty,  as  it  seemed  to  me,  without  neglecting  my  public 
duties,  which  I  deemed  to  be  paramount.320 


CHARGES  OF  DISHONESTY  245 

The  bill  to  repeal  the  Tenure  of  Office  Act 
was  the  first  important  measure  to  command 
Senator  Harlan's  attention  during  the  first 
session  of  the  Forty-first  Congress  which  con 
vened  on  March  4,  1869.  The  Senator  opposed 
the  repeal  of  the  law  for  two  reasons :  he  did  not 
believe  that  tenure  of  office  should  be  subject  to 
the  will  of  the  executive  in  the  general  govern 
ment  any  more  than  it  was  in  the  State  govern 
ments,  and  he  thought  the  Senate  should  not 
shirk  its  responsibility  in  the  making  of  ap 
pointments.321  The  Indian  appropriation  bill 
was  naturally  the  subject  on  which  he  made  the 
most  frequent  remarks,  since  he  was  now  chair 
man  of  the  Committee  on  Indian  Affairs.  These 
two  bills,  with  a  few  others  dealing  with  rail 
roads  and  internal  improvements,  were  suffi 
cient  to  keep  him  busy  until  April  10th,  the  day 
of  adjournment. 

The  long  second  session  of  the  Forty-first 
Congress  passed  in  much  the  same  manner, 
without  any  conspicuous  speeches  from  Senator 
Harlan.  He  nevertheless  was  active  in  the 
enactment  of  much  important  legislation;  for, 
besides  presenting  scores  of  petitions,  bills, 
resolutions,  and  reports,  and  speaking  on  a  wide 
range  of  topics,  he  assumed  special  responsi 
bility  for  a  number  of  bills  originating  in  or 
referred  to  the  several  committees  of  which  he 
was  a  member.  Thus  a  resolution  for  a  Joint 


246  JAMES  HARLAN 

Committee  on  Indian  Affairs,  a  bill  to  provide 
for  the  sale  of  the  Osage  Indian  reservation,  a 
joint  resolution  in  relation  to  the  Northern 
Pacific  Railroad  Company,  the  Indian  appro 
priation  bill,  and  bills  relative  to  the  Southern 
Pacific  Railroad  and  other  western  railroads, 
were  subjects  to  which  he  devoted  special  atten 
tion.  But  there  is  little  in  his  remarks  which 
throws  new  light  on  his  attitude  toward  these 
questions. 

The  session  had  scarcely  begun,  however, 
when  H.  V.  Boynton  renewed  his  series  of 
libelous  allegations  in  the  Cincinnati  Gazette. 
This  time  Harlan  did  not  find  it  necessary  to 
make  a  public  defense,  for  immediately  there 
were  a  number  of  influential  newspaper  editors 
and  correspondents  wrho  entered  the  lists  in  his 
behalf.  "We  have  made  no  attempt  at  answer 
ing  the  attack,"  said  Editor  Clarkson,  "because 
we  did  not  deem  it  necessary  to  defend  Senator 
Harlan  before  the  Iowa  people  from  the  as 
saults  of  a  man  who  appears  to  peddle  his 
literary  labors  to  the  highest  bidders.  .  .  . 
They  know  the  men  they  have  sent  to  Washing 
ton,  and  have  confidence  in  them,  and  do  not 
propose  to  listen  for  a  moment  to  the  hired 
assaults  of  buccaneers  as  small  and  weak  as  the 
little  man  Boynton.  "322 

In  the  same  issue  of  the  Des  Moines  news 
paper  appeared  a  long  letter  from  Washington 


CHARGES  OF  DISHONESTY  247 

replying  to  the  new  series  of  charges  which 
Boynton  had  made.  In  the  first  place  Boynton 
had  called  attention  to  the  fact  that  Secretary 
Harlan 's  son  had  been  employed  as  a  messenger 
in  the  Department  at  a  salary  of  eight  hundred 
and  forty  dollars  per  annum.  He  next  charged 
Harlan  with  having  appropriated  two  fine 
horses  belonging  to  the  Government,  and  with 
having  put  upon  the  pay-roll  of  th§  Interior 
Department  a  coachman,  a  footman,  and  a 
dining-room  servant  in  his  own  personal  em 
ploy.  Secretary  Harlan  had,  he  asserted,  put 
in  a  bill  for  six  hundred  and  fifty  dollars  for 
fancy  stationery,  visiting  cards,  party  invita 
tions,  pen  knives,  and  other  fashionable  trinkets 
which  had  been  used  by  his  family.  Again, 
Boynton  charged  that  coal  had  been  taken  from 
the  Interior  Department  to  heat  the  Harlan 
home,  which,  furthermore,  was  partly  furnished 
with  furniture  from  the  Department.  Adding 
all  of  these  things  together,  he  figured  that 
James  Harlan 's  income  as  Secretary  of  the 
Interior  was  a  little  over  twelve  thousand  five 
hundred  dollars. 

The  charge  concerning  Harlan 's  refusal  to 
accept  a  certain  section  of  the  Pacific  Railroad 
also  seems  to  have  been  renewed  by  Boynton  at 
this  time  and  embellished  with  new  features. 
He  insinuated  that  the  president  of  the  company 
constructing  the  road  had  sought  a  confidential 


248  JAMES  HARLAN 

interview  with  Secretary  Harlan  and  by  the 
application  of  certain  influences  had  induced 
him  to  withdraw  his  refusal.  Finally,  Boynton 
charged  that  Harlan  and  D.  N.  Cooley  had 
pushed  through  a  contract  by  which  certain 
Delaware  Indian  lands  had  been  sold  to  a  rail 
road  company,  in  spite  of  the  fact  that  a  higher 
bid  had  been  offered  by  a  private  individual, 
and  thus  the  Government  had  been  swindled  out 
of  nearly  one  hundred  thousand  dollars. 

James  Harlan 's  defender  in  the  letter  written 
from  Washington  took  up  these  charges  one  by 
one  and  answered  them  with  frankness  and  di 
rectness.  He  admitted  that  the  Secretary's  son, 
W.  A.  Harlan,  had  served  for  seventy-three 
days  as  a  messenger.  But  he  received  the  same 
pay  as  other  messengers  and  only  for  the  time 
during  which  he  served.  Furthermore,  it  was 
not  at  all  unusual  for  the  sons  of  Cabinet  mem 
bers  to  be  given  clerkships  and  similar  positions 
in  the  various  departments.  The  charge  re 
garding  the  horses,  the  coachman,  and  the  other 
servants,  was  pronounced  false.  The  Govern 
ment  had  ceased  to  have  any  use  for  the  horses 
in  question  and  so  Secretary  Harlan  had  bought 
them  at  their  appraised  value.  It  was  the  cus 
tom  of  the  Government  to  pay  for  the  services 
of  a  driver  for  Cabinet  members,  but  aside  from 
this  one  man,  no  personal  servant  of  Secretary 
Ilarlan  received  pay  from  the  Department. 


CHARGES  OF  DISHONESTY  249 

The  stationery  for  which  the  bill  had  been  sub 
mitted  had  been  entirely  for  the  use  of  the 
Department,  and  all  bills  for  private  stationery, 
cards,  and  invitations  had  been  carefully  kept 
separate  and  paid  out  of  the  Secretary's  own 
pocket. 

To  prove  that  Boynton's  charge  concerning 
the  use  of  Department  coal  was  entirely  slander 
ous  the  correspondent  produced  a  sworn  state 
ment  from  the  chief  engineer  stating  that  no 
coal  had  ever  been  taken  from  the  Interior 
Department  to  the  Harlan  home.  The  insinua 
tion  relative  to  furniture  was  equally  ground 
less,  since  it  was  the  custom  of  Secretaries  to 
have  offices  in  their  homes,  the  equipment  of 
which  was  provided  by  their  respective  depart 
ments.  In  this  case,  at  the  expiration  of  his 
service  Secretary  Harlan  had  purchased  all  the 
furniture  and  fixtures  thus  used  at  their  ap 
praised  value.  A  sworn  statement  from  the 
president  of  the  construction  company  exoner 
ated  Harlan  from  the  insinuation  regarding  the 
Pacific  Kailroad;  and  besides,  it  was  a  matter 
of  public  record  that  it  was  due  to  President 
Johnson  and  not  to  Secretary  Harlan  that  the 
order  had  finally  been  given  to  accept  the  dis 
puted  section  of  road.  The  last  allegation, 
concerning  the  sale  of  the  Delaware  Indian 
lands,  was  without  basis  also,  because  the  only 
bid  which  was  higher  than  that  offered  by  the 


250  JAMES  HARLAN 

railroad  company  had  been  withdrawn  before 
the  date  of  sale,  against  the  protest  of  Secretary 
Harlan,  who  only  acquiesced  in  the  withdrawal 
upon  receiving  legal  advice  that  it  was  legiti 
mate.323 

Thus  each  of  the  accusations  made  against 
James  Harlan  in  connection  with  his  adminis 
tration  of  the  office  of  Secretary  of  the  Interior 
was  fairly  and  squarely  met  by  facts  which  were 
a  matter  of  record,  and  proven  to  be  without 
foundation.  Nevertheless,  the  harm  had  been 
done,  and  no  amount  of  denial  and  proof  could 
wholly  dislodge  the  prejudice  which  these  ac 
cusations  implanted  in  the  minds  of  many  of 
the  people  of  Iowa. 

An  interesting  side-light  on  this  attack  by 
H.  V.  Boynton  as  well  as  on  the  political  situa 
tion  in  Iowa,  showing  that  even  at  this  early 
date  plans  were  being  laid  for  the  senatorial 
contest  of  1872,  is  to  be  found  in  a  letter  which 
Senator  Harlan  wrrote  to  Representative  Wil 
liam  B.  Allison  on  January  5,  1870.  The 
Senator  asserted  his  firm  belief  that  the  story 
to  the  effect  that  Allison  and  James  F.  Wilson 
had  formed  a  coalition  to  control  the  succeeding 
senatorial  elections  in  Iowa  was  absolutely 
without  foundation.  His  constant  denial  of  this 
rumor,  he  said,  "may  have  laid  the  foundation 
for  the  opposite  story  ....  alleging  that 
you  and  I  have  formed  a  combination  of  the 


CHARGES  OP  DISHONESTY  251 

same  purport,  which  we  both  know  to  be  false. ' ' 
"The  report, "  continued  Senator  Harlan, 
"that  you  secretly  incited  the  recent  attack 
made  on  me  by  the  Cincinnati  Gazette,  is  no 
more  painful  to  you  than  it  is  to  me."  He  be 
lieved,  however,  that  the  Boynton  article  had 
"earmarks  of  an  Iowa  paternity,  and  of  polit 
ical  forethought,  such  as  the  time  and  places  of 
its  publication,  at  Cincinnati  —  as  a  blind  —  in 
a  Eepublican  paper,  to  give  it  force, —  and  its 
almost  immediate,  and  simultaneous  reproduc 
tion  in  Dubuque,  Davenport,  Burlington,  and 
Keokuk,  (in  the  Copperhead  organs  from  neces 
sity)  ....  its  avowed  purpose  being  to 
affect  the  senatorial  election."324 


XXIII 

DEFENSE  OF  PRESIDENT  GRANT 

THE  last  important  speech  made  by  James 
Harlan  in  the  Senate  of  the  United  States,  and 
in  many  respects  the  most  famous  of  his  post- 
bellum  speeches,  was  his  brilliant  defense  of 
President  Grant  against  the  attacks  of  Senators 
Sumner  and  Schurz  in  connection  with  the  San 
Domingo  affair.  The  speech  was  not  a  long  one, 
but  it  went  directly  to  the  point  at  issue  and 
resulted  in  turning  the  tide  which  seemed  to  be 
running  strongly  against  the  President. 

The  debate  began  in  the  third  session  of  the 
Forty-first  Congress  when  a  resolution  was 
introduced  calling  for  the  appointment  of  com 
missioners  to  investigate  the  relations  of  the 
United  States  with  the  republic  of  Dominica. 
It  appears  that  during  the  summer  of  1869 
President  Grant  received  information  to  the 
effect  that  the  Dominican  government  was 
favorably  disposed  toward  annexation  to  the 
United  States,  or  at  least  that  it  was  willing 
to  lease  Samana  Bay.  Consequently,  a  United 
States  vessel  bearing  a  confidential  agent  was 

252 


DEFENSE  OF  PRESIDENT  GRANT   253 

sent  to  the  island.  The  agent  made  investiga 
tions,  submitted  a  report,  and  finally  two 
treaties  were  drawn  up  between  the  United 
States  and  the  Dominican  republic.  While 
these  treaties  were  pending  the  President  in 
structed  certain  naval  officers  to  maintain  peace 
in  San  Domingo  and  if  necessary  to  repel  any 
invasion  by  a  foreign  power.  These  were  the 
facts  upon  which  the  opposition,  led  by  Sumner 
and  Schurz,  based  their  assaults  upon  President 
Grant,  charging  him  with  belligerent  interven 
tion  without  the  authority  of  Congress.325 

The  debate,  begun  in  December,  1870,  was 
carried  over  into  the  first  session  of  the  Forty- 
second  Congress  where  it  was  continued  with 
renewed  vigor.  On  March  29,  1871,  Senator 
Harlan  took  the  floor  in  reply  to  the  long  and 
eloquent  speeches  of  Sumner  and  Schurz.  After 
tributes  to  the  venerable  Senator  from  Massa 
chusetts  and  his  able  and  eloquent  supporter 
from  Missouri,  he  proceeded  to  examine  the 
charges  made  against  Grant  —  charges  which, 
if  substantiated,  were  generally  recognized 
as  making  out  "a  case  for  impeachment 
of  a  much  more  serious  nature  than  that  worked 
up  against  President  Johnson." 

"You  may  travel  through  these  long  columns 
of  extracts  and  comments  which  required  sev 
eral  hours  for  their  delivery,"  said  Senator 
Harlan, ' l  and  you  will  find  the  whole  case  stated 


254  JAMES  HARLAN 

in  that  brief  sentence,  that  the  President  in 
structed  the  officers  of  the  Navy  to  maintain  the 
peace  in  Dominica  within  the  limits  of  that  re 
public,  and,  if  need  be,  to  repel  foreign  invasion 
during  the  pendency  of  the  treaties."  But,  in 
Harlan's  opinion,  there  was  nothing  in  these 
instructions  to  justify  the  charge  of  belligerent 
intervention.  Moreover,  no  act  of  hostility  or 
force  had  been  committed.  The  two  Senators 
in  the  opposition  maintained  that  the  President 
"had  no  right  to  use  force  to  protect  the  exist 
ing  Government  with  which  we  were  at  the  time 
in  incipient  treaty  relations. "  On  the  other 
hand,  there  were  many  Senators  "equally 
learned"  who  asserted  that  the  United  States 
did  have  the  right  to  protect  the  territory  which 
it  seemed  about  to  acquire.  It  was,  therefore,  a 
question  of  the  relative  weight  of  authority,  and 
the  fact  remained  that  no  force  had  been  used. 
Senator  Sumner  here  interrupted  to  call  at 
tention  to  the  fact  that  the  real  cause  for  de 
nouncing  the  President  was  that  he  had  seized 
the  power  to  declare  war  which  belonged  to 
Congress.  "The  Constitution  clothes  Congress 
with  the  power  to  declare  war,"  said  Senator 
Harlan  in  reply,  "which  these  honorable  Sena 
tors  think  must  precede  every  act  of  war.  Now, 
let  us  see  what  has  been  the  understanding  of 
that  subject  during  the  whole  history  of  the 
Government."  Indian  wars  had  almost  in- 


DEFENSE  OF  PRESIDENT  GRANT      255 

variably  been  carried  on  without  formal  acts  by 
Congress ;  an  army  had  been  marched  into  Utah 
to  suppress  an  armed  force  without  a  declara 
tion  of  war;  "the  very  first  great  battle  of  the 
Mexican  war  was  fought  before  Congress  took 
notice  of  our  controversy  with  Mexico ";  and 
even  in  the  late  war  against  the  southern  States 
war  wTas  begun  in  a  manner  not  specifically  pro 
vided  for  in  the  Constitution. 

A  lively  colloquy  then  ensued  between  Harlan 
and  the  two  Senators,  and  he  succeeded  in  driv 
ing  them  into  corners  where  they  were  forced  to 
admit  that  the  President  might  provide  for  the 
protection  of  United  States  territory  and  even 
initiate  war  measures  in  advance  of  an  act  by 
Congress.  Senator  Sherman  at  this  point  in 
sisted  that  Harlan  be  permitted  to  continue 
without  further  interruption,  for,  he  said,  "I 
think,  with  a  single  remark  or  two,  he  has  prob 
ably  exploded  most  of  their  speeches,  and  I 
should  like  to  hear  him  go  on. ' '  Thereupon  the 
Iowa  Senator  was  permitted  to  continue  with 
out  interruption  his  citation  of  precedents  for 
the  President's  action. 

He  then  turned  to  the  motives  which  animated 
the  attacks  on  President  Grant.  The  opposition 
were  perfectly  willing  that  Grant  should  receive 
full  glory  and  praise  for  his  military  career,  but 
they  wished  to  rob  him  as  President  of  the  con 
fidence  of  the  American  people,  simply  because 


256  JAMES  HARLAN 

he  had  offended  them.  They  were  endeavoring 
to  place  either  themselves  or  some  friend  whom 
they  esteemed  more  highly  for  his  civil  attain 
ments  in  the  executive  chair.  Furthermore, 
Senator  Schurz  had  had  a  quarrel  wTith  the 
President  because  a  few  postmasters  in  Mis 
souri  were  appointed  without  his  approval.  At 
this  assertion  Schurz  leaped  to  his  feet  with  an 
emphatic  denial  of  the  obvious  conclusion  that 
lie  was  influenced  in  this  case  by  such  petty  and 
personal  considerations.  Mr.  Harlan  replied 
that  he  had  not  stated  any  such  conclusion. 
"Without  the  patience  to  wait  till  I  drew  my 
conclusion,  he  drew  a  conclusion  for  himself,  a 
conclusion,  I  doubt  not,  that  has  been  drawn 
long  since  by  a  majority  of  the  American  peo 
ple.  "  What  he  had  intended  to  say  was  that 
probably  the  Missouri  Senator  was  not  so  free 
from  human  frailties  but  that  he  would  be  un 
consciously  affected  by  a  sense  of  personal 
injury. 

After  refuting  certain  technical  points  in  the 
charges  against  the  President,  and  showing  that 
the  reasons  which  Sumner  and  Schurz  had  ad 
vanced  for  their  arraignment  of  Grant  were  not 
real  or  valid,  Senator  Harlan  closed  by  moving 
that  the  resolutions  of  censure  be  laid  on  the 
table.  He  deprecated  the  whole  discussion, 
since  it  had  obviously  been  aroused  for  political 
purposes  in  advance  of  the  report  which  was 


DEFENSE  OF  PRESIDENT  GRANT      257 

soon  to  be  made  by  the  commissioners  appoint 
ed  to  investigate  the  affair.  President  Grant's 
only  offense  was  his  "desire  to  preserve  the 
peace  in  a  neighboring  island,  a  desire  to  pre 
vent  rebellion  in  the  republic  of  San  Domingo ' ' 
and  "to  prevent  the  black  republic  of  Hayti 
from  extinguishing  its  weaker  neighbor." 
After  some  further  debate  the  motion  to  lay  the 
resolution  on  the  table  was  adopted  by  a  vote 
of  thirty-nine  to  sixteen  —  much  to  the  evident 
chagrin  of  Senators  Sumner  and  Schurz.326 

"In  the  Senate,  on  Wednesday  last,  Senator 
Sumner  made  ship-wreck  of  his  ill-advised  and 
ill-starred  expedition  against  President  Grant 
and  the  Republican  party, "  was  the  jubilant 
comment  of  a  Des  Moines  editor,  "and  it  must 
be  confessed  his  first  campaign  closed  with  re 
marked  discredit  to  himself.  .  .  .  His  three 
weeks  of  battle  and  bushwhacking  .... 
was  brought  to  a  sudden  end  by  Senator  Harlan, 
of  this  State,  who,  on  Wednesday  evening,  after 
a  powerful  speech  in  reply  to  Sumner  and 
Schurz,  and  in  support  of  the  President,  brought 
the  whole  question  to  its  final  issue  by  moving 
that  the  Sumner  resolutions  in  arraignment  of 
Grant  be  laid  upon  the  table."327  A  few  days 
later  the  same  writer  took  a  further  occasion  to 
commend  Senator  Harlan 's  speech  and  congrat 
ulate  the  people  of  the  State  upon  the  triumph 
which  their  representative  had  achieved.  "It 

17 


258  JAMES  HARLAN 

required  no  little  courage/7  he  declared,  "as  it 
certainly  required  much  ability,  to  take  up  the 
leadership  of  the  fight  against  men  of  the 
stature  of  Sumner  and  Schurz.  But  this  our 
quiet-mannered  Senator,  without  time  for  prep 
aration,  presumed  to  do,  and  the  sweeping 
power  with  which  he  moved  forward  in  the  ef 
fort  is  shown  in  the  success  attending  it."328 

The  speech  met  with  praise  all  over  the  coun 
try  as  well  as  in  Iowa,  and  it  was  generally 
accepted  as  the  strongest  defense  of  President 
Grant  made  during  the  debate  on  the  San  Do 
mingo  question.  i  i  His  speech  had  in  some  parts 
a  rather  partisan  character, ' '  declared  the  New 
York  Times,  "and  was  effective  beyond  expecta 
tion  when  he  took  the  floor.  He  pinned  the 
cause  and  the  object  of  the  speeches  so  fast  to 
their  authors  that  the  attempt  to  escape  was 
futile."329  Even  the  Washington  Chronicle,  a 
distinctly  Sumner  paper,  recognized  the  pun 
gency  and  force  of  Senator  Harlan 's  reply.330 

The  joy  with  which  certain  of  President 
Grant's  most  ardent  admirers  hailed  the  speech 
and  its  result  is  illustrated  by  the  following  in 
cident  related  by  a  personal  friend  of  James 
Harlan  : 

Old  Zach  Chandler  used  to  delight  to  tell  of  General 
Sherman's  part  in  the  triumph.  While  Mr.  Harlan 
was  speaking,  the  crowd  of  congressmen  and  others, 
filling  the  senate  chamber,  pressed  forward  until 


DEFENSE  OF  PRESIDENT  GRANT      259 

General  Sherman,  rigidly  erect,  his  arms  folded,  his 
wonderful,  eagle  eye  flashing  and  gleaming  as  if  in 
battle,  stood  but  a  yard  away  from  Mr.  Harlan  watch 
ing  him  intently.  The  moment  it  was  over,  Sherman 
was  gone.  Zach  Chandler  called  a  cab  and  drove 
rapidly  to  the  White  House.  But  Old  Tecumseh  was 
there  just  ahead  of  him  and,  bouncing  upstairs  and 
into  the  President's  room,  the  delighted  General 
shouted :  * '  Grant,  Harlan 's  done  it !  He  knocked  them 
this  way,  and  he  knocked  them  that  way ! ' '  and  Sher 
man  swung  out  each  arm  in  succession  as  if  he  himself 
were  slaying  great  hecatombs  of  lately  living  foes.331 

The  San  Domingo  speech  in  defense  of  Presi 
dent  Grant  is  sometimes  referred  to  as  the 
culmination  of  James  Harlan 's  forensic  career. 
It  is  not  to  be  classed  with  his  constructive 
speeches  of  the  ante-bellum  period,  either  in  ex- 
haustiveness  or  logical  arrangement,  but  its 
extemporaneous  character  reveals  the  Senator's 
debating  power  as  his  more  definitely  prepared 
speeches  do  not,  proving  the  value  of  the  train 
ing  received  during  college  days  at  "Old  As- 
bury". 


XXIV 

THE  HARLAN-ALLISON  CONTEST 

FULLY  two  years  before  the  meeting  of  the 
General  Assembly  in  January,  1872,  as  has 
already  been  seen,  wires  were  being  laid  for  the 
manipulation  of  the  senatorship  which  would  be 
made  vacant  by  the  expiration  of  James  Har- 
lan's  term  in  1873. 332  William  B.  Allison,  who 
in  1870  had  been  defeated  for  the  senatorship 
by  George  G.  Wright,  was  chosen  to  make  the 
race  against  the  man  who  had  served  Iowa  in 
the  Senate  since  1855.  The  discussion  thus 
quietly  begun  in  the  circle  of  party  leaders 
smouldered  for  more  than  a  year  and  then  burst 
into  flame  in  the  summer  of  1871. 333 

The  chief  cause  of  the  sudden  appearance  of 
the  senatorial  question  at  this  time  was  an  in 
sidious  attempt  to  weaken  Senator  Harlan's 
influence  by  an  appeal  to  sectarian  prejudice. 
Rumors  had  reached  certain  members  of  the 
Methodist  clergy  to  the  effect  that  Harlan  was 
delinquent  in  some  of  the  things  considered 
requisite  to  good  standing  in  the  church.  In 
response  to  an  inquiry  on  this  point  Dr.  John  P. 

260 


THE  HARLAN-ALLISON  CONTEST      261 

Newman,  pastor  of  the  church  which  Senator 
Harlan  attended  in  Washington,  wrote  a  letter 
to  an  Iowa  minister  vouching  for  Harlan 's  regu 
lar  attendance  at  church  and  his  influence  "in 
the  right  direction ".  He  also  alluded  to  Har 
lan  's  influence  with  the  President  and  with  his 
fellow  Senators,  and  urged  that  he  be  given 
hearty  support  for  reelection.334 

This  letter,  referred  to  throughout  the  cam 
paign  as  the  "Newman  Letter ",  came  into  the 
hands  of  the  editor  of  the  Dubuque  Herald,  a 
Democratic  journal,  and  was  published  late  in 
June.  A  controversy,  violent  out  of  all  propor 
tion  to  the  significance  of  the  incident,  immedi 
ately  ensued.  It  was  asserted  that  the  letter 
had  been  lithographed  and  widely  circulated 
among  the  Methodist  clergy  in  Iowa,  in  the  ef 
fort  to  array  the  membership  of  the  Methodist 
church  solidly  under  the  Harlan  banner  in  the 
senatorial  contest.  Dr.  Newman  indignantly 
denied  that  he  was  responsible  for  the  litho 
graphed  letter,  if  there  were  any  such,  and  de 
clared  that  he  had  simply  written  as  friend  to 
friend  without  any  thought  of  publicity.  James 
Harlan  also  wrote  a  public  letter  defending  the 
right  of  Newman  to  write  a  private  letter  advo 
cating  the  election  of  a  friend,  and  protesting 
against  the  use  which  was  being  made  of  the 
letter  to  arouse  opposition  to  him  on  sectarian 
grounds.335 


262  JAMES  HARLAN 

It  is  difficult  to  find  anything  in  the  Newman 
letter  to  justify  the  storm  of  indignation  which 
it  brought  down  upon  the  head  of  Senator 
Harlan.  But  it  came  to  men  eager  for  a  pretext 
to  transfer  their  allegiance,  and  in  spite  of  a 
vigorous  defense  by  his  friends  the  letter  fur 
nished  his  enemies  with  ammunition  for  bitter 
attacks  covering  a  period  of  several  weeks  and 
had  a  distinctly  harmful  effect  upon  Senator 
Harlan 's  campaign.  The  persistency  with 
which  the  newspapers  continued  the  discussion 
is  an  indication  of  the  readiness  of  politicians 
of  the  time  to  seize  upon  any  argument,  however 
small,  against  their  opponents. 

The  Newman  letter  controversy  was  the  open 
ing  skirmish  in  a  series  of  charges  and  counter 
charges  which  makes  the  senatorial  campaign  of 
1871-1872  one  of  the  most  notable  political 
contests  in  the  history  of  Iowa.  James  Harlan 
and  William  B.  Allison  had  long  been  accepted 
as  the  two  leading  candidates,  although  there 
were  minor  local  "booms"  for  William  W. 
Belknap,  Samuel  J.  Kirkwood,  Grenville  M. 
Dodge,  James  F.  Wilson,  and  others.  The 
contest  between  the  two  men  soon  developed 
into  a  struggle  which  was  based  on  personal 
considerations  rather  than  on  differences  in 
policy. 

Before  the  excitement  over  the  Newman  let 
ter  had  wholly  subsided  there  developed  among 


THE  HARLAN-ALLISON  CONTEST      263 

the  German- Americans  of  the  river  towns  a 
movement  headed  by  Theodore  Guelich,  an  in 
fluential  German  editor,  aggressively  opposed 
to  Harlan's  return  to  the  Senate.336  At  about 
the  same  time,  also,  H.  V.  Boynton  savagely 
renewed  his  former  assaults  in  the  Cincinnati 
Gazette.  Even  many  of  the  more  generous  op 
ponents  of  Harlan  resented  this  outside  inter 
ference. 

As  the  weeks  passed  by,  the  senatorial  suc 
cession  became  more  and  more  the  absorbing 
topic  of  political  discussion.  Several  minor 
candidates  announced  themselves,  each  attract 
ing  more  or  less  local  support,  and  causing  con 
siderable  anxiety  in  the  Harlan  and  Allison 
camps.  James  F.  Wilson  of  Fairfield,  after 
much  urging,  consented  to  the  use  of  his  name 
and  soon  came  to  be  regarded  as  the  most  for 
midable  of  the  group  of  lesser  candidates.  The 
sectional  question  also  played  its  usual  part,  the 
northern  portion  of  the  State  insisting  that  it 
deserved  the  senatorship  in  view  of  the  fact 
that  it  had  never  sent  a  Republican  to  the 
United  States  Senate  and  the  southern  section 
had  been  especially  favored  in  all  State  offices. 
The  sectional  aspect  of  the  contest  naturally 
caused  Harlan's  supporters  to  look  with  serious 
misgivings  upon  the  Wilson  boom,  since  Wil 
son  's  following  must  come  largely  from  Harlan 
territory.337 


264  JAMES  HARLAN 

The  campaign  which  preceded  the  fall  elec 
tions  for  State  officers  and  members  of  the 
legislature  was  largely  colored  by  the  senatorial 
question,  and  after  the  overwhelming  victory  of 
the  Republican  party  both  the  Harlan  and  the 
Allison  managers  claimed  to  have  secured  the 
control  of  the  legislature  for  their  respective 
candidates.  Neither  side,  however,  felt  suf 
ficiently  confident  of  success  to  allow  any 
arguments  against  their  opponents  to  pass  un 
noticed.  All  of  the  charges  which  had  ever  been 
made  against  James  Harlan  were  now  revived 
and  many  new  ones,  equally  without  foundation, 
were  brought  forward ;  while  William  B.  Allison 
was  subjected  to  every  criticism  for  which  there 
was  the  slightest  pretext.  But  it  should  be  re 
membered  that  the  candidates  took  no  part  in 
the  war  of  personalities  which  followed,  except 
to  answer  some  of  the  most  violent  accusations, 
nor  were  they  responsible  for  the  bitterness  of 
the  campaign  conducted  by  their  admirers.338 

The  principal  charges  made  against  Harlan 
were,  as  might  be  expected,  in  connection  with 
his  ill-fated  service  as  Secretary  of  the  Interior. 
The  oft-repeated  allegation  concerning  the 
Cherokee  Indian  land  sale  was  again  brought 
out  with  as  much  assurance  as  though  it  had  not 
many  times  been  amply  refuted;  as  were  also 
the  charges  in  relation  to  the  Delaware  Indian 
lands,  the  alleged  enrichment  of  Harlan  while 


THE  HARLAN-ALLISON  CONTEST      265 

Secretary,  and  the  payment  of  his  son  for  ser 
vices  as  messenger  which,  it  was  charged,  had 
never  been  rendered.339  Several  new  charges 
now  appeared  for  the  first  time.  The  one  caus 
ing  the  greatest  comment  was  to  the  effect  that, 
contrary  to  law,  Secretary  Harlan  had  ordered 
the  names  of  several  hundred  Indians  to  be 
placed  upon  the  pension  roll,  and  that  thus  the 
Government  had  been  swindled  out  of  a  large 
amount  of  money.340 

This  charge,  like  most  of  the  others,  was 
made  by  H.  V.  Boynton,  and  it  met  with  a 
vigorous  denial  by  Senator  Harlan.  He  showed 
that  his  reexamination  of  the  Indian  claims  in 
question  was  in  the  interest  of  justice  and  fair 
ness  to  the  claimants  and  of  protection  to  the 
Government.  Although  it  was  the  opinion  of 
many  competent  officials  in  the  Pension  Office 
that  these  claims  were  valid,  he  was  not  willing 
that  they  should  be  paid  without  an  investiga 
tion  on  the  ground.  Consequently  he  sent  a 
trusted  agent  to  visit  the  Indians,  instructing 
him  to  "examine  each  case,  take  down  the  sub 
stance  of  the  new  evidence  in  writing,  pay  those 
who  were  found  to  be  legally  entitled,  take  their 
receipts  in  due  form,  and  report  those  not  found 
entitled  to  pensions  under  the  law  to  be  stricken 
from  the  rolls. ' '  Before  the  special  agent  made 
his  report,  Harlan  had  retired  from  the  Cabinet, 
and  hence  could  in  no  way  be  held  respon- 


266  JAMES  HARLAN 

sible  for  the  final  result.  Furthermore,  the 
special  agent's  accounts  had  been  audited  by  the 
Treasury  Department  and  not  a  voucher  was 
thrown  out.341  It  would  seem  that  this  frank 
reply,  supported  as  it  was,  a  few  days  later,  by 
a  publication  of  all  the  official  documents  con 
nected  with  the  affair,342  would  have  closed  the 
controversy ;  but,  instead,  it  was  continued  with 
greater  intensity  than  before,  and  was  raging 
up  to  the  day  of  the  legislative  caucus. 

Another  new  attack  upon  James  Harlan's 
administration  of  the  Interior  Department  ap 
peared  in  a  Washington  letter  signed  "Old 
Guard".  Here  it  was  asserted  that  Harlan  had 
secured  the  passage  of  a  joint  resolution  divert 
ing  a  large  sum  of  money  for  feeding  and 
clothing  the  Indians  in  the  Southwest ;  that  this 
money  had  been  wrongfully  expended  under 
the  direction  of  Elijah  Sells,  the  Indian  Super 
intendent  for  that  region,  and  with  the 
knowledge  and  consent  of  Secretary  Harlan. 
Enormous  prices,  as  high  as  eight  dollars  a 
bushel,  had  been  paid  for  grain,  and  a  portion 
of  the  funds  had  been  expended  in  Iowa  during 
the  senatorial  campaign  against  Kirkwood  in 
the  fall  of  1865.343  Senator  Harlan  was  ably 
supported  by  Josiah  B.  Grinnell  in  repelling 
this  unwarranted  attack,  proving  that  there  was 
nothing  fraudulent  in  the  transaction  and  that, 
even  if  there  had  been,  it  could  not  be  laid  at 


THE  HARLAN-ALLISON  CONTEST      267 

Harlan 's  door,  since  it  was  neither  just  nor 
customary  to  hold  Cabinet  officers  accountable 
for  the  malfeasance  of  subordinates  not  ap 
pointed  by  them.344 

But  alleged  corruption  while  Secretary  of  the 
Interior  was  not  the  only  argument  used  against 
the  reelection  of  Harlan  during  this  heated 
contest.  On  the  day  before  the  convening  of  the 
General  Assembly  the  Iowa  State  Register, 
which  had  suddenly  deserted  the  Harlan  stand 
ard  after  years  of  loyal  support,  published  a 
concise  list  of  reasons  why  James  Harlan 
should  not  be  returned  to  the  Senate,  which 
summarizes  most  of  the  charges  made  at  one 
time  or  another  during  the  campaign. 

In  the  first  place  it  was  asserted  that  Harlan 
had  lived  almost  entirely  in  Washington  for 
eighteen  years  and  therefore  was  not  sufficient 
ly  acquainted  with  the  spirit  and  needs  of  the 
people  of  Iowa  to  represent  them  faithfully. 
Then  the  sectional  argument  was  urged  that 
there  had  been,  in  all  those  years,  no  Senator 
from  the  northern  part  of  the  State.  It  was 
charged,  also,  that  Harlan  was  a  disturbing 
element  in  the  Iowa  delegation  at  Washington, 
that  he  had  assumed  a  dictatorial  attitude,  and 
thus  there  was  a  lack  of  that  harmony  which 
should  prevail  in  the  delegation  in  order  that 
the  interests  of  the  State  should  be  promoted. 
Again,  it  was  alleged  that  Harlan  and  his 


268  JAMES  HARLAN 

friends  had  made  his  interests  paramount  to 
the  success  of  the  Republican  party,  and  that  in 
many  districts  at  the  past  election  they  had 
labored  to  defeat  Republican  legislators  who 
were  opposed  to  him. 

Finally,  there  was  an  appeal  to  the  ill-feeling 
engendered  by  the  contest  of  six  years  before 
when  it  had  been  asserted  that  Harlan  had  de 
feated  Kirkwood  by  improper  means.  "An  ex- 
Secretary  of  the  Interior",  was  the  editor's 
parting  shot,  "and  a  United  States  Senator  of 
eighteen  years '  standing  —  a  minister  of  the 
gospel  appealing  to  a  church  organization  to 
sustain  him  in  a  political  contest  —  a  Senator 
who  has  not,  in  eighteen  years  of  political  and 
ecclesiastical  service,  been  able  to  make  a  repu 
tation  which  he  is  willing  to  leave  to  his  chil 
dren  and  his  children's  children  .  .  .  . 
should  avoid  the  very  appearance  of  evil,  and 
especially  should  he  avoid  the  help  of  question 
able  Republicans,  and  the  help  of  Democrats 
traveling  over  the  State  in  his  interest,  and  the 
counsel  of  Democrats  in  the  rooms  which  are 
his  headquarters  in  the  present  contest."345 

Apparently  the  insidious  charges  which  had 
for  six  years  been  so  persistently  circulated,  in 
spite  of  their  proven  falsity,  worked  like  a  slow 
poison  upon  the  minds  of  many  fair-minded 
people  in  Iowa,  and  prejudiced  them  to  such  an 
extent  that  they  gradually  came  to  believe 


THE  HARLAN-ALLISON  CONTEST      269 

Harlan  unsuited  for  the  position.  As  to  his 
confirmed  enemies,  their  motive  is  too  obvious 
to  need  explanation.  Whatever  the  animus,  the 
fact  remains  that  in  no  other  political  campaign 
in  Iowa  has  a  candidate  been  subjected  to  such 
caustic  criticism. 

Senator  Harlan  remained  in  Washington 
until  late  in  December  and  then  journeyed  to 
Des  Moines  in  order  that  he  might  personally 
conduct  his  own  campaign.  Whatever  may 
have  been  his  attitude  at  former  elections,  there 
can  be  no  doubt  that  this  time  he  earnestly  de 
sired  to  be  returned  to  the  Senate  and  put  forth 
his  best  energies  to  attain  that  end.  On  ar 
riving  in  Des  Moines  he  took  rooms  in  which  he 
might  hold  conferences  with  his  followers,  and 
he  issued  a  public  address  to  the  people  of  Iowa 
replying  once  more  to  the  principal  charges 
made  against  him.346  But  all  his  efforts  were  in 
vain.  A  vindication  was  denied  him. 

On  the  evening  of  Wednesday,  January  10, 
1872,  the  Republicans  of  the  General  Assembly 
met  in  caucus  and,  after  two  unsuccessful  bal 
lots,  chose  William  B.  Allison  as  their  candi 
date  for  United  States  Senator  by  the  narrow 
margin  of  two  votes,  but  with  a  majority  of 
twenty-three  over  James  Harlan.347  One  week 
later  the  General  Assembly  gave  official  con 
firmation  of  the  choice  and  Allison  was  declared 
duly  elected.348 


270  JAMES  HARLAN 

"The  surging,  seething,  tumultuous  crowds 
who  have  poured  through  the  halls  of  the  Sav- 
ery  for  the  last  six  or  eight  days  have  dispersed 
to  their  homes",  wrote  a  correspondent  to  a 
paper  which  throughout  the  campaign  was 
loyal  in  Harlan 's  support.  "The  Senatorial 
contest,  just  ended,  has  been  perhaps  the  long 
est  and  the  most  intense  of  any  ever  witnessed 
in  the  State,  and  there  will  be  a  general  feeling 
of  relief  that  it  is  over,  and  of  hope  that  what 
ever  of  bitterness  it  has  engendered  may  speed 
ily  pass  away."  Senator  Harlan,  said  the 
correspondent,  took  his  defeat  gracefully.  ' '  He 
called  upon  his  successful  competitor  soon  after 
the  caucus,  congratulated  him  upon  his  triumph, 
remarking  that  he  could  not  have  been  beaten 
by  anyone  whom  he  could  congratulate  more 
sincerely."349  Other  newspaper  writers,  the 
editor  of  the  State  Register  included,  also  paid 
tribute  to  the  dignity  and  good-will  with  which 
Harlan  accepted  his  defeat. 

Thus  was  the  curtain  rung  down  on  the  of 
ficial  career  of  James  Harlan.  Rising  superior 
to  the  resentment  natural  to  a  man  of  strong 
feelings  and  acute  sensibilities,  though  still 
smarting  under  the  blows  which  he  felt  he  had 
not  merited,  he  courteously  greeted  the  coming 
man  and  unobtrusively  went  his  way.  He  was 
in  the  full  vigor  of  manhood,  being  at  the  time 
only  fifty-one  years  of  age.  There  is  always  a 


THE  HARLAN-ALLISON  CONTEST      271 

touch  of  pathos  in  the  retirement  of  a  man  who 
has  long  rendered  efficient  service  in  public 
office.  In  Harlan's  case  the  disappointments  of 
public  life  are  revealed  in  the  advice  which  he 
gave  a  young  friend  on  the  evening  of  the  State 
elections  in  October,  1871.  On  that  evening 
Mr.  W.  I.  Babb  of  Mt.  Pleasant,  later  a  District 
Judge,  remained  down  town  until  long  after 
midnight  to  hear  the  reports  of  election  returns. 
On  his  way  home  he  stopped  at  the  telegraph 
office  to  learn  the  latest  news.  The  only  person 
in  the  little  office  besides  the  operator  was 
Senator  Harlan,  whom  he  found  looking  over 
telegrams,  many  of  which  told  of  the  defeat  of 
his  friends  who  were  candidates  for  seats  in  the 
legislature.  Mr.  Babb  inquired  as  to  the  nature 
of  the  returns,  and  the  Senator  handed  him  the 
dispatches  one  by  one,  commenting  upon  their 
unwelcome  significance.  Then  after  sitting  in 
silence  for  a  few  moments  he  turned  to  the 
young  man  and  said : 

While  you're  a  Democrat  and  I'm  a  Republican, 
we  have  never  allowed  our  differences  to  interfere 
with  our  friendly  relations.  There  are  a  few  words  I 
want  to  say  to  you  now,  and  I  'm  going  to  talk  to  you 
as  freely  as  though  you  were  my  own  son.  Whatever 
you  do  in  the  years  before  you,  never  allow  yourself 
to  be  tempted  to  enter  politics  so  far  as  to  accept 
political  office.  At  least,  never  until  you  are  ready 
to  retire  from  your  profession  and  are  fortunate 


272  JAMES  HARLAN 

enough  to  have  ample  means  so  that  you  need  have 
no  anxiety  about  money  matters. 

Take  my  own  case  as  an  illustration.  After  leaving 
college  I  spent  several  years  in  educational  work ;  then 
I  studied  law  and,  on  being  admitted  to  the  bar,  I 
practiced  law  for  a  time,  and  with  a  fair  measure  of 
success.  I  don't  think  I  am  egotistical,  but  I  believe 
I  could  have  succeeded  as  a  lawyer.  The  presidency 
of  our  little  University  with  its  opportunities  for  use 
fulness  first  lured  me  from  my  profession,  and  the 
Senatorship  closed  all  avenues  of  return  to  the  bar. 
Many  a  time  during  those  first  years  in  Washington  I 
longed  to  go  back  to  Iowa  and  take  up  my  chosen 
work  \vhere  I  had  left  it. 

I  have  had  a  greater  measure  of  success  in  political 
life  than  comes  to  the  average  man  who  enters  politics. 
I  have  been  in  public  service  nearly  twenty  years. 
I  may  not  have  acted  wisely  on  all  the  im 
portant  questions  that  have  come  to  me  for  consider 
ation.  In  looking  back  over  my  public  career  I  can 
see  where  I  would  act  differently ;  but  I  am  conscious 
that  in  every  instance  I  did  and  said  what  seemed  to 
me  to  be  wisest  and  best.  ...  If  during  this 
period  of  my  life  I  had  given  the  same  degree  of  devo 
tion,  energy  and  industry  to  my  chosen  profession, 
I  am  vain  enough  to  believe  I  could  have  achieved  a 
fair  degree  of  success  at  the  bar,  and  could  have  pro 
vided  a  fair  competency  for  myself  and  family.  In 
addition  to  that,  I  would  now  command  the  respect 
and  confidence  of  my  fellow-citizens  and  would  have 
had  before  me  a  bright  and  happy  prospect,  with  a 
promise  of  still  greater  achievements. 


THE  HARLAN-ALLISON  CONTEST      273 

I  went  into  politics  under  what  seemed  to  be  un 
usually  favorable  circumstances ;  and  yet,  what  is  the 
result  ?  I  am  now  only  a  little  over  fifty  years  of  age 
—  in  the  very  vigor  and  prime  of  life.  If  I  am  de 
feated  for  reelection  —  as  seems  probable  from  these 
dispatches  —  there  is  not  a  thing  on  earth  that  I  am 
fitted  to  do.  At  my  time  of  life  I  could  not  hope  to 
achieve  anything  by  reentering  my  profession  —  be 
ginning  at  the  foot  of  the  ladder  —  and  I  have  no 
training  or  experience  in  any  line  of  business. 

Instead  of  having  the  respect  and  confidence  of  my 
fellows,  to  which  my  faithfulness  to  public  duty  would 
seem  to  entitle  me,  nearly  half  the  people  of  Iowa 
seem  to  believe  me  a  very  bad  man  —  if  not  a  rascal  — 
and  the  rest  seem  not  to  know  whether  I  am  good  or 
bad.  The  Democrats,  you  know,  have  been  taught  to 
believe  me  bad ;  and  a  large  element  in  my  own  party 
have  had  this  view  urged  upon  them  of  late  until  thej7, 
too,  have  come  to  look  upon  me  with  distrust. 

This  is  the  reward  politics  offers  for  nearly  twenty 
years  of  faithful  and  measurably  resultf ul  service ! 
My  friend,  I  do  not  say  this  with  any  feeling  of  bitter 
ness.  If  I  am  defeated,  my  fate  will  simply  be  that  of 
others  who  enter  political  life.  I  only  refer  to  it  to 
impress  upon  your  mind  this  friendly  injunction: 
Whatever  you  do,  if  you  value  contentment  and  hap 
piness,  never  enter  upon  a  political  life.  Its  rewards 
are  purchased  at  too  great  a  price.350 

In  the  gloom  of  that  October  night,  Senator 
Harlan  magnified  the  effects  of  the  many  and 
oft-repeated  attacks  upon  his  good  name,  and 

18 


274  JAMES  HARLAN 

minimized  his  own  powers  of  usefulness  outside 
of  public  life,  as  the  remaining  chapters  of  this 
work  clearly  show.  The  Senator  returned  to 
Washington  and  for  the  remainder  of  his  term 
took  his  customary  part  in  shaping  legislation. 
At  the  close  of  the  session  he  stepped  from  the 
stage  of  politics  to  private  life  at  his  home  in 
Mt.  Pleasant  —  a  life  destined  to  be  marked  by 
many  distinguished  honors  and  cheered  by  the 
love  and  esteem  of  his  fellow-citizens. 


XXV 

CREDIT  MOBILIEK 

BUT  James  Harlan  was  not  permitted  to  retire 
without  a  final  and  searching  test  of  the  moral 
quality  of  his  public  career.  The  Credit  Mo- 
bilier  investigation  early  in  1873  was  a  source 
of  much  embarrassment  to  many  of  the  fore 
most  statesmen  of  the  day,  including  prominent 
members  of  the  Iowa  delegation  in  Congress.351 
While  every  member  of  that  delegation  in  any 
way  involved  in  the  scandal  was  freed  from 
implication  of  guilt,  the  fact  remains  that  they 
were  temporarily  put  upon  their  defense.  And 
it  so  happened  that  while  James  Harlan  never 
owned  any  of  the  questionable  stock,  his  name 
was  given  publicity  through  the  admission  of 
Thomas  C.  Durant,  Vice  President  of  the  Union 
Pacific  Railroad,  that  in  1865  or  1866  he  had 
contributed  ten  thousand  dollars  to  aid  in  se 
curing  the  return  of  Secretary  Harlan  to  the 
United  States  Senate. 

Before  both  the  Poland  and  the  Wilson  in 
vestigating  committee  Mr.  Durant  testified  that 
he  had  sent  two  checks  of  five  thousand  dollars 

275 


276  JAMES  HARLAN 

to  Harlan  with  the  intention  that  they  should  be 
used  for  electioneering  purposes.  He  stated, 
however,  that  this  money  had  come  entirely 
from  his  own  pocket,  that  it  had  nothing  what 
ever  to  do  with  the  Union  Pacific  Railroad,  and 
that  he  had  never  received  reimbursement  from 
the  company.  No  amount  of  cross-questioning 
succeeded  in  shaking  this  statement  or  its  cor- 
roboration  by  Henry  C.  Crane,  who  was  Dur 
ant 's  confidential  secretary  and  wrote  the 
checks  in  question.352 

"Mr.  Harlan  had  been  an  old  personal 
friend ' ',  said  Durant  when  asked  to  explain  the 
motives  which  induced  him  to  contribute  the 
money.  "My  personal  intercourse  \vith  him 
had  continued  fifteen  or  twenty  years.  He  lived 
on  a  rival  line  of  railroad  through  Iowa  to  one 
in  which  I  had  long  been  interested,  to  be  sure, 
but  he  understood  the  wants  of  the  State,  and, 
besides,  he  had  been  in  Washington  long  enough 
to  know  how  to  care  for  the  interests  of  the 
State  here."353  Later  when  pinned  more  close 
ly  on  this  subject  Mr.  Durant  declared  that  he 
had  large  financial  interests  in  Iowa  which 
caused  him  to  take  a  deep  interest  in  the  polit 
ical  situation  in  the  State.  But  again  he  in 
sisted  that  in  his  motives  there  was  nothing  of 
corruption.  "I  cannot  answer",  he  said,  "any 
plainer  than  I  have  done.  I  desired  to  see  him 
elected  to  the  United  States  Senate.  I  sent  it 


CREDIT  MOBILIER  277 

out  of  friendship  to  him.  That  was  a  larger 
motive  than  anything  else."354 

The  facts  thus  brought  out  by  the  Poland  and 
Wilson  investigating  committees  were  then  con 
sidered  by  a  special  committee  of  the  Senate, 
headed  by  Lot  M.  Morrill,  appointed  to  weigh 
the  evidence  against  members  of  the  Senate. 
On  February  13, 1873,  Senator  Harlan  was  sum 
moned  before  this  committee  and  subjected  to 
a  thorough  and  searching  examination.  He  ad 
mitted  that  the  money  had  been  received,  and 
that  it  had  been  used  during  the  State  campaign 
of  1865  in  the  payment  of  traveling  expenses, 
printing  bills,  hotel  bills,  and  the  like.  But  he 
denied  emphatically  that  the  money  had  any 
thing  to  do  with  the  Union  Pacific  Eailroad.  It 
had  been  offered  and  accepted  as  between 
friends.  In  fact,  he  produced  evidence  to  prove 
that  when  a  story  reached  him  to  the  effect  that 
the  money  had  really  come  from  the  railroad 
company,  he  had  demanded  to  know  the  facts 
and  had  expressed  his  desire  to  refund  the 
money  if  it  came  from  Mr.  Durant  in  his  ca 
pacity  of  Vice  President  of  the  company.355 

After  weighing  all  the  evidence  the  commit 
tee,  which,  it  should  be  remarked,  was  made  up 
of  two  Democrats  and  three  Eepublicans,  one  of 
whom  was  said  to  be  personally  hostile  to 
Harlan,  embodied  the  following  statement  con 
cerning  James  Harlan  in  their  final  report : 


278  JAMES  HARLAN 

The  evidence  relating  to  Senator  Harlan  shows  a 
transaction  in  1865,  while  he  was  Secretary  of  the 
Interior  Department.  The  transaction  was  not  in  its 
nature  continuous,  and  it  does  not  appear  to  have 
influenced  his  action  as  a  Senator  since  his  election 
[or  that  it  was  intended]  ;  and,  however  strongly  the 
committee  would  deprecate  the  use  of  money  for  pur 
poses  for  which  in  this  case  it  wras  contributed  and 
used,  and  with  whatever  judgment  they  would  visit  any 
and  all  attempts  by  the  free  use  of  money  to  control 
the  popular  expression,  they  do  not  perceive  that  the 
conduct  of  Senator  Harlan  is  affected  by  the  testi 
mony.  The  committee  cannot,  however,  refrain  to  re 
mark  upon  the  fact  that  Mr.  Durant,  then  the 
vice-president  of  the  Union  Pacific  Railroad  Company 
—  a  corporate  creation  of  Congress,  which  would 
probably  be  again  the  subject  of  legislation  —  con 
tributed  $10,000  with  the  avowed  purpose  of  its  being 
used  in  securing  the  election  of  Mr.  Harlan  to  the 
Senate  of  the  United  States,  he  being  at  the  time  of 
its  receipt  the  Secretary  of  the  Interior. 

This  discloses  an  evil  upon  which  the  committee 
cannot  too  severely  animadvert.  The  use  of  large 
sums  of  money  to  influence  either  popular  or  legis 
lative  elections  strikes  directly  at  the  fundamental 
principle  of  a  republican  government.  It  excludes 
merit  from  public  place  and  undermines  the  public 
and  private  virtue  upon  which  alone  republican  in 
stitutions  can  stand.  It  cannot  be  concealed  that  it  is 
one  of  the  threatening  dangers  to  the  permanence  of 
our  Government,  and  one  which  calls  for  that  popular 
rebuke  which  can  come  only,  and  should  come  speedily, 


CREDIT  MOBILIER  279 

from  the  united  voice  of  the  virtuous  citizens  of  the 
Republic,  uttered  at  every  stage  of  governmental 
action,  from  the  lowest  to  the  highest. 

While  this  receipt  and  use  of  money  is  open  to  this 
censure,  the  evidence  adduced  to  prove  that  Senator 
Harlan's  action  as  a  Senator  was  influenced  by  the 
gift  thus  made  to  him  failed  to  establish  any  such 
result.356 

This  verdict,  exonerating  James  Harlan  from 
any  connection  with  the  Credit  Mobilier  scan 
dal,  has  quite  generally  been  accepted  as  satis 
factory.  The  practice  of  using  large  sums  of 
money  for  election  purposes  is,  of  course,  to  be 
deplored  and  condemned,  but  it  was  a  practice 
common  at  the  time,  and  has  only  been  partially 
eliminated  by  restrictive  legislation  in  our  own 
day.  It  may  be,  also,  that  Thomas  C.  Durant 
was  influenced  by  motives  other  than  his 
personal  friendship  for  Senator  Harlan.  But, 
as  the  committee  stated,  there  is  nothing 
to  support  the  belief  that  Harlan's  later  course 
as  Senator  was  affected  by  Durant 's  contribu 
tion.  Indeed,  his  great  service  in  promoting  the 
Union  Pacific  Eailroad  came  long  before  the 
Credit  Mobilier  investigation  was  ever  dreamed 
of,  and  during  his  later  years  tie  evinced  a 
tendency  to  oppose  any  measure  that  granted 
monopolistic  powers  to  the  Union  Pacific.  Fi 
nally,  it  should  be  remembered  that  Harlan  left 
the  campaign  of  1865-1866  in  the  hands  of  his 


280  JAMES  HARLAN 

friends,  while  he  remained  most  of  the  time  at 
his  post  in  Washington,  and  thus  he  did  not 
personally  direct  the  disposal  of  the  campaign 
funds,  whatever  the  use  which  was  made  of 
them.  The  investigation  failed  to  reveal  a 
single  instance  of  corrupt  use  of  money,  unless 
the  defraying  of  traveling  expenses,  hotel  bills, 
and  the  like,  by  such  means  was  corrupt.357 

The  appearance  of  Harlan 's  name  in  connec 
tion  with  the  Credit  Mobilier  investigation 
naturally  caused  a  stir  in  Iowa,  and  there  were 
many  who  had  opposed  him  in  the  late  sena 
torial  contest  who  were  ready  to  take  up  and 
magnify  the  transaction  involved. 

"The  reply  of  Senator  Harlan  to  the  accusing 
evidence  of  his  having  been  given  by  the  Union 
Pacific  Railroad  Ring,  $10,000  to  help  purchase 
his  re-election  to  the  Senate  in  1866,  has  been 
made",  wrote  the  editor  of  the  Iowa  State  Reg 
ister.  "It  appeared  as  an  editorial  in  his  own 
paper,  the  Washington  Chronicle,  on  Thursday 
morning.  Contrary  to  common  expectation, 
and  as  common  hope,  he  does  not  deny  the  dam 
aging  charge,  but  confesses  to  its  truth, —  and, 
then  for  justification,  elevates  himself  upon  his 
personal  dignity,  and  asserts  that  it  is  a  matter 
which  does  not  concern  the  public  in  the 
least."3'"8  With  this  beginning,  the  editor  pro 
ceeded  to  quote  extracts  from  eastern  news 
papers  supposed  to  be  favorable  to  Harlan. 


CREDIT  MOBILIER  281 

And  for  several  issues  he  continued  to  denounce 
the  Senator  in  strong  terms  for  not  making  an 
explanation  which  he  deemed  adequate. 

Other  editors,  however,  from  the  very  first 
refused  to  believe  Senator  Harlan  guilty  of  mis 
deeds,  and  vigorously  defended  him  against 
such  assaults  as  those  made  by  the  Des  Moines 
journal.  The  Burlington  Hawk-Eye,  especially, 
devoted  many  columns  to  the  defense,  declaring 
that  the  money  had  been  contributed  merely  as 
an  act  of  friendship  and  that  if  any  wrong  had 
been  premeditated  the  transaction  would  have 
been  kept  under  cover  and  would  not  have  been 
carried  out  by  means  of  personal  checks  which 
made  discovery  a  simple  matter.  The  editor  did 
not  pretend  to  know  how  the  funds  had  been 
expended,  but  he  asserted  that  under  existing 
conditions  a  large  sum  of  money  was  required 
to  conduct  a  campaign  for  the  senatorship,  and 
expressed  his  opinion  that  Senator  Allison  had 
expended  many  times  the  amount  of  his  salary 
to  secure  his  election.359 

"In  accepting  a  gift  from  an  old  friend, "  was 
the  editor's  comment  when  the  report  of  the 
Senate  committee  became  known,  "Mr.  Harlan 
only  followed  the  example  of  many  of  our  lead 
ing  public  men  from  the  days  of  the  Revolution 
to  the  present.  In  spending  a  considerable  sum 
of  money  in  defraying  the  expenses  of  an  elec 
tion  in  which  he  was  himself  a  candidate,  Mr. 


282  JAMES  HARLAN 

Harlan  only  did  what  is  annually  done  by 
ninety-nine  hundredths  of  all  candidates  for 
high  offices  of  all  political  parties.  There  being 
not  one  shred  of  evidence  that  any  of  this  money 
was  corruptly  used,  our  readers  will  see  that  the 
Senate  Committee  in  exonerating  Mr.  Harlan 
have  only  done  what  they  were  compelled  to  do 
by  the  circumstances  of  the  case."360 


XXVI 

THE  HONORS  OF  RETIRED  LIFE 

WITH  feelings  of  mingled  relief  and  regret  the 
Harlan  family  closed  their  Washington  resi 
dence,  bade  farewell  to  their  many  friends  at 
the  national  capital,  and  turned  their  faces  to 
ward  the  old  home  at  Mt.  Pleasant,  Iowa  —  a 
home  endeared  to  them  by  many  pleasant  asso 
ciations.  To  their  old-time  friends  and  neigh 
bors,  and  to  the  faculty  and  students  of  the 
university  which  James  Harlan  had  really 
founded,  the  opening  of  the  Harlan  home  was  a 
welcome  event.  After  the  first  disappointment 
following  defeat  there  was  much  of  comfort  and 
consolation  in  the  renewal  of  simple  home  life, 
surrounded  by  the  friends  of  former  days  and  a 
younger  generation  of  friends  no  less  loyal  than 
their  fathers  and  mothers,  and  the  opportuni 
ties  which  came  to  him  for  active  participation 
in  the  social,  educational,  and  religious  life  of 
the  community  and  State. 

But  he  was  not  permitted  to  remain  in  un 
broken  enjoyment  of  home  life.  Still  in  the  full 
possession  of  his  physical  and  mental  powers, 

283 


284  JAMES  HARLAN 

his  active  support  was  solicited  —  rarely  in 
vain  —  for  many  a  worthy  cause.  His  forceful 
oratory  was  in  requisition  at  political  conven 
tions,  and  at  patriotic,  religious,  and  educational 
gatherings;  and  it  was  not  long  until  James 
Harlan,  the  citizen,  was  given  full  and  generous 
recognition  as  a  man  peculiarly  entitled  to 
render  high  service  to  the  community  and  the 
State.  From  many  unexpected  sources  came 
urgent  calls  for  his  presence  and  influence, 
and,  in  response  to  as  many  invitations  as  he 
could  reasonably  find  time  to  fill,  he  cheerfully 
sent  his  acceptance.  Thus,  in  quiet  but  useful 
retirement,  passed  the  first  few  years  of  James 
Harlan 's  life  as  a  private  citizen  at  Mt. 
Pleasant. 

In  1875,  however,  Mr.  Harlan  wras  plunged 
once  more,  and  for  the  last  time,  into  the  mael 
strom  of  a  political  contest  in  which  he  was  a 
candidate.  In  spite  of  the  reappearance  of  the 
libelous  charges  used  with  telling  effect  in  1871- 
1872,  and  notwithstanding  the  embarrassments 
following  the  Credit  Mobilier  investigation,  the 
friends  of  the  ex-Senator,  under  the  leadership 
of  Frank  Hatton,  editor  of  the  Burlington 
Haick-Eye,  organized  a  remarkably  vigorous 
movement  to  return  Mr.  Harlan  to  the  Senate 
in  1876,  to  succeed  Senator  George  G.  Wright, 
who  had  declined  a  renomination.361  Although 
the  candidates  for  the  senatorship  at  this  time 


THE  HONORS  OF  RETIRED  LIFE      285 

included  such  popular  men  as  Samuel  J.  Kirk- 
wood,  William  W.  Belknap,  Hiram  Price,  and 
George  W.  McCrary,  the  opening  of  the  brief 
legislative  campaign  in  January,  1876,  revealed 
the  fact  that  the  Harlan  candidacy  was  for 
midable,  every  day  giving  it  added  strength  and 
its  supporters  increased  confidence. 

The  change  in  the  attitude  of  many  people 
toward  Harlan  since  the  bitter  Harlan- Allison 
contest  is  revealed  in  a  statement  in  the  Iowa 
State  Register,  which  had  been  so  outspoken  in 
its  opposition  during  the  previous  campaign 
and  at  the  time  of  the  Credit  Mobilier  scandal. 
On  January  8th  it  informed  its  readers  that  the 
editor  had  been  asked  to  publish  "a  severe  per 
sonal  arraignment  of  Mr.  Harlan ",  but  had 
declined.  One  reason  for  his  refusal  was  that 
"some  of  the  charges  they  deal  with  have  been 
explained  or  disproved,  as  in  the  Cherokee  Land 
Case,  the  Supreme  Court  of  the  United  States 
having  since  ratified  Mr.  Harlan 's  action  in  that 
matter.  "362 

The  day  of  the  Eepublican  caucus,  January 
12, 1876,  saw  no  diminution  in  the  confidence  of 
the  supporters  of  James  Harlan,  but  the  candi 
date  himself  was  strangely  silent  and  dejected. 
The  caucus  met  in  the  evening  at  the  appointed 
time,  and  before  a  vote  could  be  taken  John  S. 
Woolson  arose  and,  after  commenting  upon  the 
great  service  which  Harlan  had  rendered  to  the 


286  JAMES  HARLAN 

Republican  party,  the  State,  and  the  Nation, 
presented  the  following  communication  from 
the  candidate : 

For  reasons  which  I  hope  to  make  satisfactory  to 
my  friends,  I  request  that  my  name  may  not  be  sub 
mitted  to  the  Republican  caucus  this  evening  as  a 
candidate  for  the  nomination  for  the  United  States 
Senate.  Be  good  enough  to  communicate  my  wishes 
in  this  respect  to  my  other  friends  among  the  members 
of  the  General  Assembly.363 

"Mr.  Harlan  we  considered, "  commented  a 
Des  Moines  editor,  "as  the  public  generally 
considered  him,  from  the  first,  the  second  man 
in  strength  in  the  fight.  We  think,  too,  that  his 
withdrawal  insured  the  election  of  Kirkwood. 
It  was  considered  a  general  sign  that  the  field 
was  abandoned  to  the  Governor,  and  so  several 
of  Harlan 's  supporters  went  straight  to  the 
winning  camp.  .  .  .  Such  a  course  left  him 
without  the  weight  of  direct  defeat  to  bear,  gave 
the  other  candidate  a  clear  field,  and  took  him 
out  of  the  contest  in  a  better  shape  than  any 
thing  else  besides  a  nomination  could  have 
taken  him."304 

Whether  or  not  Mr.  Harlan  would  have  re 
ceived  the  nomination,  had  his  name  not  been 
withdrawn,  is  a  question  on  which  there  was 
difference  of  opinion  at  the  time,  and  one  to 
which  no  satisfactory  answer  can  be  given.  It 
is  not  believed  that  he  would  have  permitted  his 


THE  HONORS  OF  RETIRED  LIFE      287 

name  to  be  used  until  such  a  late  hour  if  his 
withdrawal  had  been  influenced  to  any  consider 
able  extent  by  fear  of  defeat.  In  fact,  the 
immediate  and  pathetic  cause  of  his  withdrawal 
was  made  known  soon  after  the  adjournment  of 
the  caucus  and  was  respected  as  valid  by  both 
friends  and  opponents. 

On  Wednesday  afternoon,  preceding  the  cau 
cus,  Mr.  Harlan  received  a  telegram  from  San 
Francisco  announcing  that  his  only  son,  Wil 
liam,  while  on  his  way  to  southern  California 
for  his  health,  had  become  dangerously  ill. 
While  the  final  work  of  alignment  for  the  caucus 
was  in  progress,  the  distracted  father  was 
anxiously  waiting  —  not  for  word  from  his 
supporters,  but  for  news  from  his  son,  dying 
among  strangers,  thousands  of  miles  from 
home.  A  hemorrhage  of  the  lungs  had  suddenly 
placed  the  young  man's  life  in  serious  jeopardy. 
At  three  o'clock  on  the  following  morning  Mr. 
Harlan  took  a  fast  train  for  San  Francisco,  and 
at  Council  Bluffs  he  was  joined  by  Mrs.  Harlan 
who  had  hastened  on  from  Mt.  Pleasant.365 
* '  In  his  lonely  trip  ....  to  meet  his  son, 
the  hearts  of  thousands  of  friends  and  all  true 
lowans  will  follow  him,"  was  the  sympathetic 
comment  of  the  Iowa  State  Register,  "wishing 
that  oblivion  may  banish  any  word  or  act  which 
may  have  given  pain  to  a  public  servant  whose 
distinguished  labors  as  an  educator  at  home  and 


288  JAMES  HARLAN 

more  conspicuous  services  in  the  Senate  and 
Cabinet  at  Washington  give  him  a  first  position 
among  American  gentlemen  and  statesmen.  "36G 

The  death  of  William  Aaron  Harlan  occurred 
in  San  Francisco  on  the  20th  of  January,  1876, 
in  the  twenty-fourth  year  of  his  age.307 

A  period  of  five  years  now  ensued  before  the 
tranquillity  of  James  Harlan 's  life  was  dis 
turbed  by  the  possibility  of  candidacy  for  office. 
Early  in  August,  1881,  he  was  nominated  for 
State  Senator  by  the  Republicans  of  Henry 
County.  The  action  of  the  nominating  conven 
tion  was  a  surprise  to  him,  and  the  honor  was 
the  more  keenly  appreciated  because  not  a  few 
of  the  delegates  who  conferred  upon  him  this 
mark  of  esteem  and  confidence  had  ten  years 
before  been  arrayed  against  him  in  his  can 
didacy  for  the  retention  of  his  seat  in  the 
Senate. 

The  preliminary  campaign  for  the  nomina 
tion  had  developed  two  strong  candidates,  John 
S.  Woolson  and  Joshua  G.  Newbold,  and  feeling 
ran  high  between  the  adherents  of  the  two  men. 
It  soon  became  evident  that  the  nomination  of 
either  one  would  anger  the  friends  of  the  other 
and  endanger  the  ticket.  Consequently  the  re 
sult  of  several  informal  conferences  was  an 
agreement  to  withdraw  both  of  the  rival  candi 
dates  and  unite  upon  the  nomination  of  Harlan, 
the  two  contestants  voluntarily  withdrawing  in 


THE  HONORS  OF  RETIRED  LIFE      289 

favor  of  their  mutual  friend.  In  the  convention 
the  nomination  was  made  by  Mr.  Woolson  and 
seconded  by  Mr.  Newbold,  and  was  carried  with 
out  opposition  amid  much  enthusiasm.368 

James  Harlan  at  first  reluctantly  accepted, 
but,  on  mature  reflection,  decided  to  decline  the 
nomination.  In  a  published  letter  he  frankly 
told  his  friends  and  neighbors  that  his  first 
thought  had  been  that  he  should  decline  because 
of  private  business  claiming  his  attention,  but 
he  had  been  induced  to  accept  by  the  evident 
desire  of  the  people  of  Henry  County  that  he 
should  make  the  campaign.  Upon  further 
thought,  however,  he  had  concluded  that  there 
was  no  necessity  compelling  him  to  reenter 
politics.  He  believed  the  convention  intended 
the  nomination  as  ' i  an  honor  in  the  nature  of  a 
benefit  to  be  conf erred "  upon  him,  and  that 
' '  the  chief  consideration  moving  the  convention, 
was  to  compliment "  him  "with  the  highest  of 
ficial  distinction  within  their  gift. ' '  He  keenly 
appreciated  the  compliment,  but  felt  it  his  duty 
to  decline.369  The  county  committee,  therefore, 
reluctantly  filled  the  vacancy  by  naming  in  his 
stead  Lot  Abraham. 

The  Burlington  Gazette,  a  Democratic  jour 
nal,  in  commenting  upon  Harlan 's  declination, 
remarked  that  it  was  not  improbable  that  he 
would  be  called  to  President  Arthur's  Cabinet. 
"Iowa  will  no  doubt  be  conceded  a  representa- 

19 


290  JAMES  HARLAN 

live  among*  his  advisers, ' '  said  the  editor,  *  *  and 
who  so  well  fitted  to  accept  the  position  and  find 
its  duties  and  surroundings  congenial  as  Mr. 
Harlan?"370 

James  Harlan  was  not  called  to  President 
Arthur's  cabinet,  however,  and  the  summer  of 
the  following  year,  1882,  found  him  actively  en 
listed  in  the  campaign  in  support  of  the  pro 
posed  amendment  to  the  State  Constitution 
prohibiting  the  manufacture  and  sale  of  intoxi 
cating  liquors,  which  was  to  be  submitted  to  a 
vote  of  the  people  on  June  27th.371  He  care 
fully  prepared  a  logical  address  which  was 
delivered  on  several  occasions  and  contributed 
materially  to  the  success  of  the  movement  for 
constitutional  prohibition.  Prefacing  his  gen 
eral  argument  by  a  statement  of  his  belief  that 
there  was  no  cause  for  alarm  even  if  the  amend 
ment  should  be  rejected,  since  the  same  result 
might  then  be  accomplished  by  legislation,  he 
proceeded  to  discuss  the  question  in  true  de 
bater's  fashion,  taking  up  first  the  evil  to  be 
remedied ;  second,  the  existing  method  of  regu 
lation  ;  and  third,  the  proposed  remedy. 

The  evil  complained  of  was  "inebriety  and 
drunkenness,  and  their  necessary  incidents, 
such  as  idleness,  profligacy,  disease,  poverty, 
vagrancy,  pauperism,  vice  and  crime."  Every 
one  admitted  the  gigantic  proportions  of  the 
evil.  It  was  therefore  the  dutv  of  the  State  to 


THE  HONORS  OF  RETIRED  LIFE      291 

protect  the  individual  from  drunkenness  on  the 
same  principle  that  the  imbecile,  the  insane,  and 
other  unfortunate  people  were  cared  for,  for  the 
drunkard  was  more  to  be  pitied  than  to  be  pun 
ished.  "The  people  of  the  State, "  he  said, 
"under  their  own  self-government,  cannot  es 
cape  the  responsibility  of  protecting  these 
members  of  civil  society,  and  doing  whatever 
may  be  properly  done  to  prevent  a  continuance 
of  the  evil. ' ' 

The  evil,  moreover,  was  not  limited  merely  to 
the  individual  victim,  but  fell  even  more  heavily 
on  their  families  and  finally  upon  society  itself. 
Not  only  were  the  hundreds  and  thousands  of 
people  destroyed  by  the  drink  evil  a  direct  loss 
to  society,  but  the  results  of  drunkenness  im 
posed  an  immense  financial  burden  from  which 
it  was  right  that  the  State  should  seek  release, 
if  release  could  be  secured  "without  the  sacri 
fice  of  paramount  interests. "  The  inalienable 
right  to  l  i  life,  liberty,  and  the  pursuit  of  happi 
ness  "  was  the  corner  stone  of  our  government, 
but  in  practice  these  rights  had  certain  "well 
defined  and  distinctly  understood  limits. ' '  Life 
and  liberty  might  both  be  taken  as  punishment 
for  crimes,  and  property  was  subject  to  seizure 
by  the  government  for  a  great  variety  of  causes. 
And  in  the  same  way  there  were  limitations 
upon  the  pursuit  of  happiness.  "Each  citizen 
may  without  restraint  'pursue  his  own  happi- 


292  JAMES  HARLAN 

ness'  in  his  own  methods, "  Harlan  maintained, 
* '  so  far  forth  as  this  may  be  done  without  inter 
ference  with  the  rights  of  others  individually  or 
collectively. ' ' 

Therefore,  the  State  might  regulate  the  man 
ufacture  and  sale  of  intoxicating  liquors,  even 
though  the  rights  and  liberties  of  a  few  indi 
viduals  might  be  restrained  thereby.  In  fact 
the  people  of  the  State,  almost  without  excep 
tion,  had  long  recognized  the  need  of  regulation. 
There  had  been  two  leading  methods  of  re 
straint  advocated:  the  license  system  and  pro 
hibition.  The  former  had  prevailed  for  a  time, 
but  had  been  superseded  by  the  latter  which  was 
in  force  at  that  time,  although  it  wras  objected 
to  on  the  grounds  that  it  was  not  and  could  not 
be  enforced.  "But  to  assert  that  the  existing 
prohibitory  law  is  not  and  cannot  be  enforced, ' ' 
Harlan  declared,  "is  begging  the  question. 
That  it  is  but  imperfectly  enforced  may  be 
granted.  That  it  is  almost  a  dead  letter  in  some 
places  in  the  State,  is  freely  admitted."  But 
the  same  objection  might  be  urged  against  any 
number  of  other  laws.  The  chief  reason,  in  his 
opinion,  for  the  non-enforcement  of  the  pro 
hibitory  law  was  the  exemption  of  wine  and 
beer,  the  very  defect  which  the  prohibitionists 
were  now  endeavoring  to  remedy.  If  absolute 
prohibition  could  not  be  enforced,  why  were  the 
liquor  dealers  so  much  alarmed  and  why  were 


THE  HONORS  OF  RETIRED  LIFE      293 

they  working  so  hard  against  the  amend 
ment?372 

With  this  query  Mr.  Harlan  closed  the  ad 
dress,  which  throughout  was  free  from  fanat 
icism  or  narrowness.  Its  appeal  was  to  reason 
rather  than  to  prejudice  and  consequently 
brought  conviction  to  many  of  its  hearers.  The 
amendment  was  adopted  by  a  decisive  vote  on 
June  27th,  only  to  be  declared  invalid  by  the 
Supreme  Court  a  few  months  later. 

The  close  of  this  campaign  was  soon  followed 
by  the  bestowal  of  a  signal  honor  on  James 
Harlan.  Although  President  Arthur  did  not 
call  him  to  a  seat  in  his  Cabinet  he  appointed 
him  as  one  of  the  three  judges  of  the  second 
Court  of  Alabama  Claims,  the  other  two  being 
H.  G.  Wells  and  Anson  French.  Upon  the 
death  of  the  former  soon  after  the  organization 
of  the  court,  Mr.  Harlan  succeeded  him  as  Chief 
Justice.373 

The  first  Court  of  Alabama  Claims  was  estab 
lished  in  the  early  seventies;  the  second  was 
created  in  1882  and  continued  until  1886,  when, 
having  completed  the  duties  for  which  it  was 
appointed,  it  was  formally  closed.  These  courts 
heard  the  individual  claims  against  the  fund  of 
$15,500,000  awarded  to  the  United  States 
against  Great  Britain  by  the  Geneva  Tribunal, 
on  the  ground  that  losses  aggregating  that 
amount  had  been  suffered  by  the  commerce  of 


294  JAMES  HARLAN 

the  United  States  through  the  depredations  of 
Confederate  cruisers  which  the  English  govern 
ment  had  allowed  to  be  constructed  in  British 
shipyards. 

The  first  Court  heard  the  claims  for  direct 
losses  and  made  awards  amounting  to  some 
thing  over  nine  million  dollars.  The  balance 
was  invested  in  United  States  bonds,  and  during 
the  following  years  was  considerably  augment 
ed  by  the  interest  which  accrued.  Then  in  1882 
Congress  passed  an  act  creating  a  second  Court, 
with  authority  to  hear  any  belated  claims  for 
direct  damages,  as  well  as  claims  which  had 
arisen  indirectly  —  as,  for  instance,  those  which 
resulted  from  the  payment  of  premiums  to  in 
sure  marine  property  against  war  risks.374 
The  awards  made  by  the  second  Court  under 
this  act  amounted  to  a  sum  of  money  largely  in 
excess  of  the  unused  balance,  and  many  of  the 
claimants  received  but  fifty-four  per  cent  of  the 
amount  of  their  claims.375 

"The  association  with  Senator  Harlan  upon 
this  Court  wras  a  continual  delight  to  me", 
writes  Andrew  S.  Draper,  who  was  appointed 
to  fill  the  vacancy  in  the  Court  caused  by  the 
death  of  Mr.  Wells  and  the  promotion  of  Mr. 
Harlan  to  the  presiding  judgeship.  "He  was  a 
good  lawyer;  indeed,  it  would  hardly  be  too 
much  to  say  that  he  was  a  great  lawyer.  Of 
course,  he  had  never  been  much  in  the  mere 


THE  HONORS  OF  RETIRED  LIFE      295 

routine  of  a  legal  practice,  but  he  knew  the 
sources,  and  the  history,  and  the  philosophy  of 
the  law;  and  he  was  by  temperament  a 
Judge.  "37G 

It  was  during  his  service  on  the  Court  of 
Alabama  Claims  that  James  Harlan  suffered 
his  greatest  bereavement.  On  September  4, 
1884,  his  wife,  Ann  Eliza  Harlan,  died  at  Old 
Point  Comfort,  Virginia.  "Her  body  was  in 
terred  in  Forest  Home  Cemetery,  Mt.  Pleasant, 
Iowa,  by  the  side  of  her  three  departed  children 
-two  sons  and  one  daughter  —  with  military 
honors.  The  members  of  McFarland  Post  as 
sembled  in  their  hall  and  after  the  adoption  of 
resolutions  of  regret,  condolence,  and  gratitude 
for  her  eminent  services  in  the  army,  followed 
her  in  a  body,  on  foot,  from  her  late  home  to 
her  final  resting  place,  where  every  spring,  on 
Decoration  Day,  her  grave  is  marked  with  her 
country's  flag,  by  order  of  the  Post,  and  strewn 
with  flowers  by  the  loving  hands  of  the  members 
of  the  loyal  Women's  Relief  Corps."377 

Ann  Eliza  Harlan  was  one  of  that  band  of 
brave  women  who  have  often  been  referred  to 
as  the  Florence  Nightingales  of  the  Civil  War 
in  America.  Very  early  in  the  war  she  devoted 
all  her  time  and  energies  and  all  the  money 
which  the  family  exchequer  would  permit  to 
visiting  and  caring  for  sick  and  wounded  sol 
diers  in  the  field.  Her  first-hand  knowledge  of 


296  JAMES  HARLAN 

conditions,  transmitted  to  the  Government  at 
Washington  through  her  husband,  had  much  in 
fluence  in  awakening  the  Nation  to  the  crying 
need  for  the  proper  care  of  its  soldiers.  Her 
services  may  best  be  summed  up  in  the  tribute 
of  a  contemporary: 

I  claim  for  the  State  of  Iowa  the  honor  of  in 
augurating  the  movements  which  at  last  culminated  in 
making  of  the  nation  the  greatest  benevolent  society 
which  ever  existed  save  that  whose  founder  was  God 
himself.  Mrs.  Harlan,  wife  of  the  honorable  James 
Harlan,  then  United  States  Senator,  now  Secretary  of 
the  Interior,  was  the  first  woman  of  our  country 
among  those  moving  in  what  we  call  the  high  circles 
of  society,  and  which  in  a  free  country  should  be 
based  upon  worth  alone,  who  personally  visited  the 
army,  and  ministered  to  the  wants  of  our  suffering 
soldiery.  She  visited  the  army  at  Pittsburg  Landing, 
and  thousands  of  men  are  alive  to-day,  who  but  for 
her  ministering  visits  to  the  field  of  Shiloh,  but  for 
her  energy,  for  her  "out-ranking  Halleck,"  might 
have  been  rudely  buried  on  that  bloody  field.  .  .  . 
She  at  first  devoted  her  energies  to  caring  for  the 
volunteers  from  our  own  State,  but  afterwards  gave 
her  time  and  labors  to  the  general  cause,  for  the  good 
of  which  she  braved  the  storms  of  ocean,  many  jour 
neys  to  the  army,  many  sneers  of  upstart  officers,  but 
lived  to  see  her  efforts  crowned  with  splendid  success, 
and  her  name  blessed  in  nearly  every  city,  town,  and 
hamlet  in  the  land.378 


XXVII 

THE  CONVENTION  SPEECH  OF  1893 

ON  August  16, 1893,  James  Harlan  at  the  age  of 
seventy-three  achieved  what  in  many  respects 
was  the  most  signal  triumph  of  his  whole  polit 
ical  career.  On  that  day,  as  temporary  chair 
man  of  the  Republican  State  Convention,  in 
session  in  Des  Moines,  he  delivered  a  speech 
which  will  long  be  remembered  as  one  of  the 
landmarks  in  the  history  of  the  Eepublican 
party  in  Iowa. 

The  question  of  prohibition  which  was  sub 
mitted  to  the  voters  of  Iowa  as  a  constitutional 
amendment  at  a  non-partisan  election  in  June, 
1882,  took  new  form  when  the  Supreme  Court 
of  the  State  pronounced  the  amendment  invalid 
because  of  a  technical  defect  in  its  passage 
through  two  successive  General  Assemblies. 
In  response  to  the  demands  of  an  indignant  ma 
jority,  the  Eepublican  party  promptly  placed 
itself  on  record  in  favor  of  giving  statutory 
prohibition  a  full  and  fair  trial ;  and  as  a  result 
the  legislature  in  1884  passed  a  rigid  prohib 
itory  law,  which  was  supplemented  by  added 

297 


298  JAMES  HARLAN 

provisions  in  1886.  Thus  the  non-partisan  is 
sue  of  1882  became  a  partisan  issue  to  the  seri 
ous  embarrassment  of  the  Republican  party, 
and  with  fearful  loss  to  the  prohibition  cause, 
through  non-enforcement,  especially  in  the  river 
towns  and  in  the  larger  cities  of  the  interior. 
In  spite  of  the  acknowledged  failure  of  the  law 
in  many  localities  and  the  consequent  growing 
dissatisfaction  on  the  part  of  the  people,  the 
Republican  party  in  its  platforms  continued 
to  give  vigorous  support  to  statutory  prohi 
bition.  The  result  was  that  in  1889  the  party 
in  Iowa  suffered  the  first  defeat  in  its  history, 
and  met  the  same  fate  again  in  1891. 379 

Many  friends  of  the  temperance  cause,  pain 
fully  aware  of  the  mistake  which  had  been  made 
in  attempting  to  make  prohibition  a  test  of 
party  fealty,  took  counsel  together  as  to  the 
best  method  of  correcting  the  mistake.  These 
counsels  resulted  in  a  determined  effort  to  rid 
prohibition  of  the  incubus  of  partisanship,  and 
at  the  same  time  to  relieve  the  Republican  party 
of  a  local  issue  on  which  it  had  gone  down  to 
defeat.  Casting  about  for  someone  who  shared 
their  fears  for  the  cause  of  temperance  and  for 
the  future  of  the  party,  which  had  attempted 
to  do  as  a  party  what  could  only  be  accom 
plished  by  the  combined  efforts  of  good  citizens 
without  regard  to  politics,  the  Republican  State 
Central  Committee  united  on  James  Harlan  for 


CONVENTION  SPEECH  OF  1893        299 

temporary  chairman  of  the  State  Convention 
on  August  16th.  Harlan's  breadth  of  view  on 
the  temperance  question  and  his  years  of  ex 
perience  and  observation  made  him  peculiarly 
fitted  to  speak  words  of  wisdom  to  a  distracted 
political  party. 

"To  me  it  is  indeed  a  great  inspiration  to 
look  into  the  patriotic  faces  of  such  an  assem 
blage  of  representative  Iowa  Republicans ", 
said  the  temporary  chairman  in  opening  his 
speech.  "There  are  enough  of  us  here  today 
to  revolutionize,  as  far  as  needful,  the  politics 
of  our  state,  and  to  set  the  pace  for  the  greatly 
needed  reform  in  the  politics  of  the  National 
congress  and  administration."  But  these  ends 
could  only  be  accomplished  by  harmony  and 
persistent  work.  The  country  had  often  "wit 
nessed  the  overthrow  of  distracted  majorities 
by  united  and  harmonious  minorities."  More 
over,  he  warned  the  convention  that  as  "intel 
ligent  farmers  would  not  rely  on  the  labor  put 
forth  on  these  beautiful  Iowa  fields  last  year, 
as  being  sufficient  to  secure  abundant  harvests 
this  year,  we  must  not  rely  for  future  political 
victories  on  the  splendid  record  heretofore 
made  by  'our  grand  old  party'  ".  These  "trite 
observations ' '  he  hoped  were  not  inappropriate 
in  view  of  the  fact  that  the  Republican  party  no 
longer  held  the  triumphant  position  either  in 
the  State  or  the  Nation  which  it  had  once  held. 


300  JAMES  HARLAN 

Nomination  by  a  Republican  caucus  or  conven 
tion  no  longer  meant  certain  election. 

The  speaker  then  outlined  the  fundamental 
policies  of  the  Republican  party.  "  Adhesion 
to  those  fundamental  principles ",  he  said,  "is 
Republicanism  as  your  temporary  chairman  un 
derstands  it.  And  if  I  do  not  know  what  Re 
publicanism  and  its  legitimate  fruits  are,  who 
does?"  For  this  apparently  egotistical  query 
he  proceeded  to  give  ample  justification : 

Am  I  not  one  of  those  who  were  present  at  the 
party's  birth?  Who  stood  by  the  cradle  of  freedom 
in  which  it  was  rocked  ?  Who  helped  to  bear  its  shield 
when  it  was  still  small  and  weak  and  needed  defenders 
against  its  giant  foes?  Who  saw  it  develop  a  lusty 
body,  a  great  heart  and  a  magnificent  brain,  no  longer 
needing  or  tolerating  guardianship?  Who  stood  by 
it  when  it  first  stretched  forth  its  strong  arms  and 
grasped  the  scepter  of  National  power  from  the  tremb 
ling  hands  of  an  effete  Democracy  that,  having  out 
lived  its  patriotism,  was  found  to  be  no  longer  fit  to 
govern  a  free  people?  Who  saw  the  young  giant 
party,  in  the  presence  of  an  empty  treasury  and  gen 
eral  bankruptcy,  sweep  away  the  ''wild  cat"  money 
with  which  the  Democracy  had  cursed  the  country, 
and  substitute  sound  National  currency  ?  Who  saw  it 
when  the  country  was  stripped  by  the  Democracy  of 
adequate  means  of  military  defense,  organize  and 
equip  the  greatest  armies  and  create  invincible  navies  ? 
Stand  off,  by  statesmanship,  the  hostile  diplomacy  of 
Europe,  and  by  its  military  genius  restrain  the  organ- 


CONVENTION  SPEECH  OF  1893        301 

ized  ' '  copperheads ' '  and  armed  knights  of  the  * '  Gold 
en  Circle ' ' —  spawn  of  the  Democracy  of  that  period 
—  in  the  loyal  states,  while  it  crushed  the  Confederate 
armies  in  the  rebel  states?  Who  saw  it  knock  the 
shackles  from  the  limbs  of  millions  of  slaves,  notwith 
standing  the  protests  of  the  Democratic  party;  both 
north  and  south  ?  Who  saw  it  reorganize  on  the  basis 
of  freedom  and  equality  all  the  recent  insurrectionary 
states  and  restore  them  to  their  former  places  in  this 
Union,  strengthened  by  the  admission  and  also  a  score 
of  new  states?  Who  saw  it,  without  firing  a  gun, 
drive  the  French  out  of  our  sister  republic  of  Mexico, 
compel  Great  Britain  to  pay  for  the  damage  done  us 
by  her  illicit  cruisers,  and  induce  all  the  great  nations 
to  abrogate  their  old-time  dogma,  "once  a  subject, 
always  a  subject, ' '  admit  the  validity  of  our  naturali 
zation  laws,  and  the  equality  of  naturalized  citizens 
with  native-born  citizens  before  all  international  tri 
bunals?  Who  saw  it  grant  homesteads  to  all  citizens 
wishing  to  occupy  agricultural  lands,  open  up  the  rich 
gold  and  silver  mines  of  our  vast  mountain  ranges, 
connect  all  parts  of  our  great  country,  extending  from 
sea  to  sea,  by  steam  railways,  cover  our  internal  waters 
with  convenient  means  of  cheap  transportation,  fill  our 
country  with  free  schools  and  agricultural  colleges, 
and  so  foster  our  agricultural,  mechanical,  mercantile 
and  manufacturing  interests  as  to  more  than  double 
our  country's  population  and  to  quadruple  our  na 
tion's  wealth  in  a  period  of  only  thirty  years? 

Did  the  recent  defeats  mean  that  the  Repub 
licans  of  Iowa  and  the  Nation  had  repudiated 
the  principles  and  records  of  their  party?  Mr. 


302  JAMES  HARLAN 

Harlan  believed  that  there  was  no  justification 
for  such  a  belief.  In  his  opinion  the  real  cause 
for  the  defeats  of  the  party  was  the  lack  of 
harmony  resulting  from  the  incorporation  into 
the  party's  platform  of  "specific  statutes  or 
proposed  statutes,  instead  of  principles,  on 
which  statutes  should  be  founded".  "In  the 
practice  of  this  sort  of  unwisdom  here  in  Iowa, ' ' 
declared  Mr.  Harlan,  "we  may  certainly  find 
sufficient  cause  for  our  successive  defeats  in 
the  gubernatorial  contests  of  1889  and  1891, 
whatever  may  be  thought  of  the  causes  of  our 
national  defeat  in  1892. ' '  The  particular  stat 
ute,  which  the  Republican  party  in  Iowa  had 
advocated  to  its  sorrow,  was,  of  course,  the 
prohibitory  law,  although  at  no  time  in  his 
speech  did  Mr.  Harlan  refer  to  it  by  name. 

It  was  conceded  by  everyone  that  in  Iowa  the 
Republicans  outnumbered  all  other  political 
parties  combined.  And,  believing,  as  all  mem 
bers  of  the  convention  did,  in  the  soundness 
of  Republican  principles  and  the  depend 
ence  of  the  welfare  of  the  country  and  State 
upon  the  enforcement  of  those  principles,  it 
was  the  solemn  duty  of  the  convention  to  lead 
the  party  once  more  to  victory.  The  only  im 
pediment,  he  said,  "to  our  rightful  triumphs 
from  year  to  year  has  been  of  our  own  creation ; 
merely  inharmony  among  ourselves  arising  over 
the  discussion  in  our  political  campaigns  of 


CONVENTION  SPEECH  OF  1893        303 

questions  lying  outside  of  the  legitimate  pur 
view  of  the  principles  of  the  party  to  which 
we  belong ",  questions  which  should  be  left  to 
legislative  decision.  If  the  party  should  drop 
these  unfortunate  controversies  it  would  be  ful 
filling  the  command  given  in  the  Sermon  on  the 
Mount:  "And  if  thy  right  hand  offend  thee 
cut  it  off,  and  cast  it  from  thee ;  for  it  is  profit 
able  for  thee  that  one  of  thy  members  should 
perish,  and  not  that  thy  whole  body  should  be 
cast  into  hell." 

Applying  this  injunction  to  the  present  situ 
ation,  the  speaker  concluded  that  the  calamity 
to  be  avoided  was  "being  cast  a  third  time  in 
three  consecutive  gubernatorial  contests,  under 
the  feet  of  the  Democratic  party.  Surely  that 
would  be  hell  enough  for  any  patriotic  Repub 
lican  weak  enough  and  blind  enough  to  assist 
in  bringing  on  such  humiliation. ' '  He  had  pro 
found  respect  for  men  who  would  do  right  "if 
the  heavens  fall ' ',  but  he  did  not  think  it  neces 
sary  that  any  member  of  the  convention  should 
"strive  to  be  better  and  wiser  than  the  Son  of 
God  in  the  practical  affairs  of  this  life."  The 
speech  closed  with  an  eloquent  appeal  for  har 
mony : 

Gentlemen  of  the  convention:  Are  we  not  wise 
enough  to  cast  out  from  among  us  all  apples  of  dis 
cord,  reestablish  harmony  and  concord  in  our  own 
ranks,  stop  fighting  each  other,  and  once  more  turn 


304  JAMES  HARLAN 

all  our  guns  on  the  common  enemy?  Do  this  and  it 
requires  no  gift  of  prophecy  to  foretell  that  when  the 
smoke  of  the  pending  battle  shall  have  lifted,  victory 
will  be  seen  as  of  yore,  perching  on  our  Republican 
standards.  The  official  control  of  Iowa  will  have 
passed  fully  into  the  hands  of  the  majority  of  her 
people,  where  it  rightfully  belongs;  and  last,  but  not 
least,  Iowa's  clear,  strong,  Republican  voice  will  con 
tinue  to  ring  out  over  the  Nation  from  the  chamber 
of  the  senate  of  the  United  States,  as  it  has  been  heard 
ringing  continuously  during  the  last  thirty-eight 
years.380 

To  this  day,  men  who  sat  under  the  influence 
of  James  Harlan's  oratory  on  this  occasion 
unite  in  declaring  that  rarely,  if  ever,  have  they 
seen  and  felt  a  convention  so  moved  by  human 
utterance.  "  After  he  had  outlined  the  prin 
ciples  of  Republicanism, "  says  the  Iowa  State 
Register,  "the  speaker  set  the  convention  wild 
by  saying:  i These  are  the  principles  of  Repub 
licanism  as  your  temporary  chairman  under 
stands  them,  and  if  I  don't  know  what  Repub 
licanism  is,  who  does?'  The  convention  burst 
forth  into  a  tremendous  storm  of  applause  and 
interfered  for  several  minutes  with  the  speech. 
It  was  the  tribute  of  the  present  generation  to 
a  man  who  is  a  part  of  the  history  of  the  party 
and  the  Nation."  And  the  entire  speech  "was 
received  with  such  strong  approval  as  to  indi 
cate  the  certainty  of  perfect  harmony."381 


CONVENTION  SPEECH  OF  1893        305 

It  is  generally  conceded  that  this  speech  had 
the  result  of  re-uniting  the  Republican  party  in 
Iowa  by  the  abandonment  of  its  ill-fated  sup 
port  of  a  State-wide  prohibitory  law.  In  the 
platform  adopted  by  this  convention  the  party 
declared  : 

That  prohibition  is  no  test  of  Republicanism.  The 
General  Assembly  has  given  to  the  State  a  prohibitory 
law  as  strong  as  any  that  has  ever  been  enacted  by  any 
country.  Like  any  other  criminal  statute,  its  reten 
tion,  modification  or  repeal  must  be  determined  by  the 
General  Assembly,  elected  by  and  in  sympathy  with 
the  people,  and  to  it  is  relegated  the  subject,  to  take 
such  action  as  they  may  deem  just  and  best  in  the 
matter,  maintaining  the  present  law  in  those  portions 
of  the  State  where  it  is  now  or  can  be  made  efficient, 
and  giving  to  other  localities  such  methods  of  con 
trolling  and  regulating  the  liquor  traffic  as  will  best 
serve  the  cause  of  temperance  and  morality.382 

James  Harlan's  plea  for  harmony  was  not  in 
vain,  and  the  prophecy  uttered  in  his  closing 
words  was  amply  fulfilled.  Freed  from  the 
weight  of  State-wide  prohibition  the  Repub 
lican  party  went  into  the  campaign  with  old- 
time  vigor  and  elected  its  entire  State  ticket  by 
handsome  pluralities. 


20 


XXVIII 

LAST  YEARS 

THE  years  of  James  Harlan's  life  were  now 
drawing  rapidly  to  a  close.  But  age  did  not 
bring  any  appreciable  diminution  in  mental  ca 
pacity  or  any  lessening  of  his  interest  in  public 
affairs.  Since  1888,  Mr.  Harlan  had  been  a 
member  of  a  commission  appointed  to  consider 
plans  and  secure  contracts  for  the  erection  of  a 
Soldiers'  and  Sailors'  Monument  on  the  capitol 
grounds  at  Des  Moines,  and  to  superintend  the 
work  of  construction.383  And  on  September  6, 
1894,  at  the  laying  of  the  corner  stone  of  the 
monument  he  represented  the  commission  as 
orator  of  the  day. 

"  Standing  here  on  the  summit  of  these  Des 
Moines  hills,"  he  began,  "in  the  shadow  of 
Iowa's  state  capitol,  to  initiate,  as  spokesman 
for  the  commission,  the  erection  of  a  monument 
to  commemorate  in  art,  the  patriotic  deeds  of 
our  heroes,  human  language  is  too  feeble  to  fitly 
express  my  emotions.  Fifty  and  one  years  ago 
I  first  saw  that  great  river  styled  '  an  arm  of  the 
sea '  which  flows  along  our  eastern  border. ' '  He 

306 


LAST  YEARS  307 

then  pictured  in  a  few  graphic  words  the  growth 
and  development  of  the  State  of  Iowa  in  those 
fifty  years,  and  traced  the  history  of  the  move 
ment  which  resulted  in  the  erection  of  the  mon 
ument  for  which  the  corner  stone  was  to  be  laid. 
After  describing  the  monument  as  it  would 
stand  when  completed,  and  recounting  briefly 
the  services  of  the  various  Iowa  regiments,  he 
declared  that  neither  this  monument  nor  all  the 
monuments  of  the  world  could  "  adequately  ex 
press  Iowa's  appreciation  of  the  patriotic  deeds 
of  her  immortal  heroes ".  And  he  hoped,  in 
conclusion,  that  this  monument  would  be  "only 
the  pioneer  of  still  greater  works  of  art  here 
after  to  arise  in  honor  of  our  fellow  citizens 
who  offered  their  lives  for  their  government, 
for  their  country,  for  civil  liberty  and  for  the 
human  race,  until  these  Des  Moines  hills  shall 
be  radiant  with  their  glory  ",384 

As  the  erection  of  the  monument  progressed 
the  press  of  the  State  was  filled  with  complaints, 
insinuations,  and  charges,  the  trend  of  which 
was  that  personal  and  regimental  favorites  — 
chiefly  residents  of  southeastern  Iowa  —  had 
been  chosen  for  representation  among  the  va 
rious  figures  on  the  monument,  and  that  whole 
sections  of  the  State  and  entire  brigades  had 
been  ignored.  In  response  to  these  complaints 
Mr.  Harlan  wrote  a  magazine  article  which  did 
much  to  bring  the  discussion  to  a  close.385 


308  JAMES  HARLAN 

A  sequel  to  the  great  convention  speech  of 
1893  was  a  strong  popular  movement  in  1895  to 
make  James  Harlan  Governor  of  Iowa.  The 
movement  seems  to  have  originated  with  the 
Burlington  Hawk-Eye,  a  paper  which  from  the 
very  beginning  of  Harlan 's  public  career  had 
been  one  of  his  most  ardent  champions.  The 
suggestion  thus  made  was  received  with  much 
favor  in  various  sections  of  the  State,  and  by 
the  first  of  July  there  were  confident  predic 
tions  that  the  ex-Senator  would  receive  the 
Eepublican  nomination,  in  spite  of  the  acknowl 
edged  strength  of  General  Francis  M.  Drake.386 
The  chief  argument  used  against  Harlan  was 
his  age,  but  his  supporters  insisted  that  in  this 
case  it  was  not  a  valid  objection,  since  he  was 
still  possessed  of  vigorous  physical  and  mental 
strength,  and  in  point  of  experience  out-dis 
tanced  any  other  man  in  the  State  of  Iowa. 

The  Republican  State  Convention  was  held  at 
Des  Moines  on  July  10,  1895.  Six  ballots  were 
required  to  nominate  a  candidate  for  Governor, 
and  on  each  ballot  James  Harlan  stood  second 
to  Francis  M.  Drake.  His  greatest  strength 
appeared  on  the  fourth  ballot,  when  he  received 
three  hundred  and  eighty-four  votes.  On  the 
sixth  ballot,  however,  there  was  a  stampede  to 
Drake  who  was  nominated  by  an  overwhelming 
vote.387 

"In  failing  to  accept  Senator  Harlan  as  its 


LAST  YEARS  309 

standard  bearer ",  declared  the  Iowa  State 
Register ,  "the  Kepublican  party  of  Iowa  did 
not  in  any  way  reflect  upon  the  man  or  his 
career.  The  man  stands  out  as  one  among  the 
great  men  connected  with  the  history  of  the 
state,  and  his  career  is  complete,  as  to  honors, 
without  the  addition  of  the  governorship.  .  .  . 
The  speech  he  made  before  the  convention  two 
years  ago  was  as  distinguished  a  service  to  the 
party  and  the  state  as  two  ordinary  years  in 
the  governor's  chair.  Senator  Harlan  is  not  in 
need  of  mock  condolences.  He  has  been  in  bat 
tle  and  been  defeated  before.  He  knows  the 
course  of  politics.  ...  In  appearing  as  a 
candidate  for  the  nomination  he  honored  the 
party  and  added  new  luster  to  the  great  office 
of  governor  of  Iowa."388 

That  the  words  of  the  Des  Moines  editor 
were  a  faithful  expression  of  the  attitude  of 
the  people  of  Iowa  toward  the  veteran  states 
man  is  evidenced  by  the  fact  that  two  years 
later  James  Harlan  again  received  strong  sup 
port  for  the  nomination  for  Governor.  On  the 
four  ballots  required  to  nominate,  Harlan  had 
a  substantial  following,  although  not  of  suf 
ficient  strength  at  any  time  to  place  him  among 
the  leaders  or  to  give  him  any  real  hope  of 
election.  The  fourth  ballot  resulted  in  the 
choice  of  Leslie  M.  Shaw.389 

The  last  public  event  in  which  Mr.  Harlan 


310  JAMES  HARLAN 

took  a  prominent  part  was  the  laying  of  the 
corner  stone  of  the  Historical  Building  at  Des 
Moines  on  May  17,  1899,  on  which  occasion  he 
was  President  of  the  Day.  The  ceremonies  con 
nected  with  this  event  brought  together  a  large 
number  of  pioneers  and  distinguished  citizens 
from  all  parts  of  the  State,  and  the  assemblage 
at  the  northeast  corner  of  the  capitol  square 
was  said  to  be  one  of  the  largest  in  the  history 
of  Des  Moines. 

On  taking  the  chair  Mr.  Harlan  delivered  a 
brief  but  impressive  address.  "This  is  not  a 
trivial  event",  he  said.  "It  will  mark  an  epoch 
in  the  development  of  our  civilization  as  a  com 
monwealth."  He  retold  in  vivid  outline  the 
story  of  the  growth  and  development  of  the 
State  and  Nation,  and  emphasized  the  record 
the  people  of  America  had  made  for  "domestic 
comfort,  mental  and  moral  culture,  stern  hon 
esty  and  unbending  probity,  public  and  private 
honor,  and  unyielding  courage  coupled  with 
ample  generosity". 

"But",  continued  the  speaker,  "in  the  col 
lection  and  preservation  of  emblems  and  me 
morials  of  our  own  activities  in  the  settlement 
and  development  of  our  own  beloved  State  - 
in  the  erection  of  monuments  allegorically  rep 
resenting  our  own  achievements  ....  we 
lowans  have  less  cause  for  congratulation." 
He  called  attention  to  the  fact  that  in  this 


LAST  YEARS  311 

respect  Iowa  was  far  behind  many  other  States, 
even  in  the  West,  and  especially  Wisconsin, 
where  there  was  a  splendid  collection  of  his 
torical  materials.  "And  we  cannot  easily  for 
get",  he  reminded  his  audience,  "that  at  the 
Columbian  Exposition,  in  the  city  of  Chicago, 
six  years  ago,  the  Iowa  people  failed  to  produce 
a  single  specimen  of  art  work  deemed,  by  the 
art  commissioners,  worthy  of  a  place  in  the 
great  art  galleries,  by  the  side  of  exhibits  from 
our  sister  states,  and  from  the  old  nations  of 
Europe. ' '  Therefore,  it  was  a  significant  prom 
ise  for  the  future  that  they  were  met  that  day 
to  lay  the  corner  stone  for  a  "Memorial,  His 
torical  and  Art  Building "  for  the  State  of 
Iowa.390 

During  the  summer  following  this  address 
Mr.  Harlan  journeyed  to  Omaha,  Nebraska,  to 
pay  a  last  visit  to  his  life-long  friend,  Alvin 
Saunders,  then  in  feeble  health.  Alvin  Saun- 
ders  was  a  State  Senator  when  James  Harlan 
was  first  elected  to  the  Senate  of  the  United 
States,  and  the  voluminous  correspondence 
which  passed  between  the  two  men  at  that  time 
leaves  little  doubt  but  that  to  Saunders,  more 
than  to  any  other  one  man,  was  Harlan  indebted 
for  the  success  of  his  first  candidacy  for  the 
senatorship.  Saunders,  in  turn,  owed  to  Sen 
ator  Harlan  his  appointment  by  President 
Lincoln  in  1861  as  Governor  of  the  Territory  of 


312  JAMES  HARLAN 

Nebraska,  a  position  which  later  led  to  a  seat 
in  the  United  States  Senate.  Consequently  this 
visit  between  the  two  men  who  had  known  each 
other  so  long  and  intimately,  and  who  had  been 
of  such  great  service  to  each  other,  was  keenly 
enjoyed  by  both.391 

On  Saturday,  September  30, 1899,  Mr.  Harlan 
presided  over  a  district  conference  of  laymen 
of  the  Methodist  Episcopal  Church  which  met 
at  Mt.  Pleasant.  He  had  been  invited  to  deliver 
an  extended  address  on  that  occasion,  but  was 
compelled  to  decline  in  order  that  he  might  re 
serve  his  strength  for  the  following  day,  when 
the  duty  of  inducting  into  office  the  newly 
elected  President  of  Iowa  Wesleyan  University 
would  devolve  upon  him  as  president  of  the 
Board  of  Trustees.  During  Sunday  he  con 
tracted  a  severe  cold  which  by  night  developed 
alarming  symptoms.  On  Monday  the  sufferer 
experienced  some  relief,  but  Tuesday  brought  a 
relapse  which  revealed  the  fact  that  death  was 
imminent.  Mr.  and  Mrs.  Robert  T.  Lincoln  had 
early  been  summoned  to  his  bedside,  and  they 
arrived  in  time  to  comfort  and  care  for  the 
father  during  his  last  hours.  On  Wednesday 
night  Mr.  Harlan  bade  his  daughter  an  affec 
tionate  "good  night".  The  following  morning 
found  him  deprived  of  the  power  of  speech.  He 
died  on  the  forenoon  of  Thursday,  October  5, 
1899,  in  his  eightieth  year. 


LAST  YEARS  313 

On  learning  of  the  death  of  the  Iowa  states 
man,  Governor  Shaw  promptly  issued  a  proc 
lamation  making  formal  announcement  of  the 
passing  of  "one  of  the  really  great  men  of  the 
nation ",  who,  in  his  fourscore  years  of  useful 
ness  "had  done  the  nation  high  service  and 
reflected  luster  on  the  state  of  his  adoption." 
Special  reference  was  made  to  the  fact  that 
James  Harlan  's  chief  service  had  been  rendered 
"during  the  most  critical  period  in  the  history 
of  the  republic,  when  great  armies  were  striving 
to  subvert  it,  and  when  not  only  valor  and  ef 
ficiency  in  the  field,  but  the  highest  character  of 
statesmanship  in  council,  was  needed.  It  was 
here  that  the  greatness  of  the  man  was  made 
apparent,  and  where  he  rendered  service  of 
momentous  value  to  the  nation. "  The  Gov 
ernor  therefore  directed  that  the  flags  on  all 
public  buildings  be  placed  at  half-mast  until 
after  the  funeral,  and  suggested  "that  the 
school-houses  throughout  the  state  display  a 
similar  token  of  mourning  in  honor  of  the  first 
official  head  of  the  educational  forces  of 
Iowa."392 

The  funeral  services  were  held  in  Mt.  Pleas 
ant  on  Monday,  October  9th,  in  the  presence  of 
the  largest  funeral  assemblage  ever  gathered 
in  that  community.  Business  was  suspended, 
the  public  schools,  the  post-office,  and  the  county 
offices  were  closed,  and  the  main  street  of  the 


314  JAMES  HARLAN 

city  was  draped  in  mourning.  The  body  lay  in 
state  for  several  hours,  guarded  by  college  stu 
dents,  and  nearly  every  man,  woman,  and  child 
in  Mt.  Pleasant  paid  tribute  to  the  honored 
dead.  It  was  eminently  fitting  that  the  services 
should  take  place  in  the  chapel  of  the  Iowa 
Wesleyan  University,  which  may  be  justly  re 
garded  as  a  monument  to  James  Harlan 's  un 
wearying  devotion  to  the  cause  of  education. 

The  funeral  services  were  conducted  by  Dr. 
C.  L.  Stafford,  the  retiring  President  of  the 
University,  and  Dr.  F.  D.  Blakeslee,  his  suc 
cessor.393 

In  the  procession  to  the  cemetery  the  mem 
bers  of  the  local  Grand  Army  Post,  of  which 
James  Harlan  was  an  honorary  member,  wrere 
accorded  first  place.  Followed  by  the  surviving 
members  of  his  family,  his  old-time  friends  and 
fellow-townsmen,  educators,  members  of  the 
bar,  friends  who  had  served  with  him  in  public 
life,  and  the  student  body  whom  he  had  long 
regarded  with  a  fatherly  affection,  the  remains 
of  the  departed  statesman  were  committed  to 
the  grave,  beside  those  of  the  members  of  his 
family  who  had  gone  before. 

In  May,  1907,  the  old  homestead  of  Senator 
and  Mrs.  Harlan  passed  by  gift  from  the  pos 
session  of  Mrs.  Robert  T.  Lincoln  to  the  Iowa 
Wesleyan  University,  the  institution  for  which 
James  Harlan  had  sacrificed  his  ambition  as  a 


LAST  YEARS  315 

lawyer  and  to  which  he  had  always  given  freely 
of  his  sympathy  and  of  his  means.  The  historic 
home  of  the  University's  first  President,  in 
which  many  of  America 's  statesmen,  educators, 
and  preachers  in  their  time  found  hospitable 
welcome,  is  therefore  fittingly  used  at  the  pres 
ent  time  as  the  home  of  the  President  of  the 
University. 

In  the  same  year,  1907,  the  State  of  Iowa 
paid  high  tribute  to  the  memory  of  James 
Harlan.  Congress  had  passed  a  law  author 
izing  each  State  to  provide  statues  of  two  of 
its  illustrious  sons  not  then  living,  and  to  have 
them  placed  in  the  National  Statuary  Hall  in 
the  capitol  building  at  Washington,  D.  C.  In 
accordance  with  this  authorization,  the  Thirty- 
second  General  Assembly  of  Iowa  passed  an  act 
declaring  that  James  Harlan  was  "worthy  of 
being  selected  as  one  of  the  citizens  of  Iowa 
whose  statue  shall  be  placed  in  the  said  national 
statuary  hall",  empowering  the  Executive 
Council  to  provide  a  suitable  statue,  and  appro 
priating  the  sum  of  five  thousand  dollars  for 
that  purpose.394  The  statue  thus  provided  for 
was  executed,  first  in  clay  and  then  in  bronze, 
by  Miss  Nellie  V.  Walker  of  Chicago,  and  now 
occupies  its  place  along  with  the  statues  of 
those  who  in  their  time  reflected  high  honor 
upon  their  respective  Commonwealths. 

On  the  highest  ground  in  the  cemetery  at  Mt. 


316  JAMES  HARLAN 

Pleasant  rises  a  plain  granite  shaft,  and  near 
it  is  a  group  of  granite  headstones  upon  which 
are  carved  the  initials  of  the  members  of  the 
Harlan  family  whose  remains  lie  buried  there. 
Visitors  are  directed  thither  that  they  may  look 
upon  the  last  resting  place  of  the  simple,  great 
man  who  years  ago  went  in  and  out  among  his 
fellow-townsmen,  at  one  with  them  in  all  the 
interests  which  tend  to  ennoble  and  elevate  com 
munity  life. 


XXIX 

SPEECHES  AND  ADDRESSES 

LITTLE  remains  for  the  biographer  of  James 
Harlan  but  to  outline  a  few  significant  public 
utterances  during  the  Senator's  years  of  retire 
ment,  in  order  to  discover  if  possible  the  trend 
of  his  thought  during  what  may  be  called  the 
reflective  period  of  his  life.  These  speeches  and 
addresses,  some  of  which  have  been  noted  in 
other  connections,  cover  a  wide  field  of  topics 
and  reveal  the  breadth  of  the  ex-Senator's  in 
terests  and  sympathies. 

Coming  to  Iowa  just  before  the  transition 
from  Territorial  to  State  government,  Mr. 
Harlan  was  naturally  in  demand  as  a  speaker 
at  "Old  Settlers'  Meetings".  A  typical  ad 
dress  of  this  kind,  and  apparently  the  first  one, 
was  delivered  in  the  summer  of  1885  at  a  gath 
ering  of  old  settlers  of  Henry  County.  ' '  I  have 
doubted  that  I  have  a  right  to  be  considered 
either  a  ' pioneer'  or  'an  old  settler'  ",  he 
facetiously  remarked.  "It  has  been  only  about 
forty-four  years  since  I  first  saw  Iowa;  and 
only  a  little  more  than  thirty-nine  years  since 

317 


318  JAMES  HARLAN 

I  became  a  continuous  resident.  And  this  is 
the  first  time  I  have  been  invited  to  meet  with 
the  'old  settlers'.  The  omission  to  extend  me 
such  invitation  heretofore  may,  however,  have 
been  on  account  of  my  youthful  appearance. 
.  .  .  But  possibly  I  may  now  for  the  first 
time  have  attained  the  necessary  antiquity ". 

His  thoughts  went  back  to  the  time  in  1841 
when  he  first  saw  the  Mississippi  and  crossed  it 
to  visit  the  then  small  village  of  Burlington. 
" It  does  not  seem  to  me  so  very  long  ago",  he 
said.  "But  the  towns  were  not  large  then. 
And  there  were  not  many  of  them.  The  settle 
ments  were  small  and  thin  and  widely  scattered. 
The  whole  number  of  the  white  population  in 
the  territory  according  to  the  census  taken  the 
year  previous,  was  only  about  forty-three  thou 
sand.  The  red  deer,  elk  and  buffalo  were  far 
more  numerous, —  with  now  and  then  a  panther 
or  black  bear, —  and  multitudes  of  wolves  and 
millions  of  prairie  chickens.  The  Indians 
seemed  to  be  about  as  numerous  as  the  white 
people." 

The  settlers  with  whom  he  had  talked  in  1841 
firmly  believed  that  Iowa  would  never  become  a 
State.  They  thought  that  "it  would  in  time  be 
settled  in  a  strip  of  land  along  the  west  side  of 
the  Mississippi  River,"  and  a  short  distance  up 
the  larger  tributaries.  "All  westward  was  be 
lieved  to  be  a  treeless  plain  ....  And  all 


SPEECHES  AND  ADDRESSES          319 

the  north-west  part  of  the  territory  was  sup 
posed  to  be  covered  by  lakes,  ponds,  and  track 
less  swamps ;  a  fit  abode  only  for  otter,  beaver, 
musk-rats,  and  such  amphibia, —  and  ducks  and 
geese  and  other  water  fowl."  And  yet  he,  and 
nearly  everyone  of  his  hearers,  had  seen  and 
were  a  part  of  the  marvelous  growth  and  de 
velopment  which  had  taken  place  since  these 
pessimistic  prophecies  had  been  made.  Of  this 
growth  and  development  he  drew  the  following 
picture : 

Of  course  I  have  seen,  as  each  of  you  has  seen,  the 
settlements  gradually  advancing  from  year  to  year, 
up  the  valleys  of  the  streams,  and  then  widening  out 
from  the  margin  of  the  timber  on  either  side  over  the 
up-lands  until  improved  farms  have  met  each  other  on 
"the  divides"  all  over  the  State.  We  have  seen  the 
red  deer  and  elk  and  buffalo  disappear  from  their 
"ranges"  at  the  approach  of  domestic  cattle;  the 
larger  forests  in  the  vicinity  of  streams  melting  away 
to  give  room  for  cultivated  fields;  grain  fields  super 
seding  the  native  grasses  on  our  prairies;  pioneers' 
cabins  first  springing  up  in  all  directions  from  river 
to  river  east  and  west,  and  from  Missouri  to  Minne 
sota,  north  and  south,  and  then  gradually  giving  place 
to  hundreds  of  thousands  of  more  commodious  resi 
dences,  interspersed  with  school-houses  and  churches, 
which  are  now  dotting  our  valleys  and  hills  and  plains, 
—  surrounded  by  orchards  of  luscious  fruits,  and 
blooming  gardens, —  embowered  in  the  shade  of  culti 
vated  groves;  until  Iowa  has  become  in  population 


320  JAMES  HARLAN 

probably  the  eighth  State  in  the  Union, —  and  in  re 
spect  to  wealth,  intelligence,  morality  and  domestic 
comforts  hardly  second  to  any  other  State. 

He  then  presented  several  series  of  statistics 
illustrating  the  growth  of  the  population  of  the 
State  and  the  increase  in  material  wealth.  And 
in  conclusion  he  declared  that  "as  one  by  one 
we  pass  away  to  the  spirit  world,  we  transfer, 
with  satisfaction,  this  great  and  glorious  herit 
age  to  a  younger  generation,  claiming  only  to 
have  done  our  work  fairly  well,  and  confidently 
expecting  them  and  their  posterity  to  continue 
to  push  the  car  of  progress  forward."395 

A  life  which  spanned  the  rise  of  a  new  Com 
monwealth  in  the  West  and  years  of  experience 
in  the  high  counsels  of  the  Nation  also  fitted 
James  Harlan  in  an  eminent  degree  for  deliver 
ing  addresses  on  patriotic  occasions.  An  ad 
dress  of  this  character  which  may  be  taken  as 
the  expression  of  Mr.  Harlan 's  mature  reflec 
tion  upon  the  history  and  the  future  of  his 
country  was  delivered  at  Fairfield  on  the 
Fourth  of  July,  1896.  After  a  brief  review  of 
the  phenomenal  growth  of  the  Nation  he  turned 
to  an  examination  of  the  causes  of  this  growth : 

We  may  therefore  properly  pause  here  for  a  mo 
ment  and  ask  what  are  these  gigantic  forces  which 
have  in  this  instance  produced  results  never  before 
equalled  during  the  history  of  the  human  race. 

It  may  be  more  easy  to  discover  what  they  are  not 


SPEECHES  AND  ADDRESSES          321 

than  what  they  are.  Hence  we  may  say  without  a 
shadow  of  doubt  that  they  have  not  been  derived  ex 
clusively  from  our  great  expanse  of  territory;  for 
other  nations,  ancient  and  modern,  have  each  owned 
more  land.  They  have  not  come  exclusively  from  the 
fertility  of  the  soil  in  the  United  States,  the  sal 
ubrity  of  the  climate,  the  value  of  our  mines  and 
forests,  from  our  navigable  rivers,  great  lakes  and  sea 
coasts;  for  other  countries  are  our  equals  in  all  these 
respects.  Nor  could  they  have  come  from  the  primeval 
character  of  our  country  at  the  date  of  our  national 
birth,  lying  out  fallow  since  the  date  of  its  creation 
and  collecting  and  accumulating  fertility  for  a  gi 
gantic  manifestation  of  fruitfulness  during  the  closing 
years  of  this  century;  for  nearly  all  of  North  and 
South  America,  Australia  and  nearly  all  of  Africa, 
and  a  large  part  of  Asia  were  in  the  same  condition 
when  our  nationality  began. 

Therefore  the  explanation  of  national  suc 
cess  could  not  be  found  to  any  great  extent  in 
material  conditions.  "Were  I  required  to  men 
tion,  in  a  single  sentence,  the  potential  force," 
declared  the  speaker,  "I  would  say  that  it  was 
the  simple  recognition  by  the  patriots  of  1776 
of  God  as  the  only  rightful  sovereign  ruler  of 
nations,  and  the  universal  brotherhood  of  the 
human  race!"  Equality  in  natural  rights, 
equality  before  the  law,  the  right  of  the  people 
to  choose  their  own  rulers  and  make  their  own 
laws,  and  government  by  the  will  of  the  major 
ity  were  the  fundamental  principles  which  were 

21 


322  JAMES  HARLAN 

found  expressed  and  in  operation  in  the  United 
States  for  the  first  time  in  the  history  of  na 
tions.  Consequently  it  might  be  reasonably 
said  that  the  prosperity  and  power  of  the 
United  States  was  chiefly  due  to  the  dominance 
of  these  principles. 

"And  here7',  he  said,  "the  inquiry  will  nat 
urally  arise,  can  this  enormous  increase  in  the 
elements  of  national  greatness  continue?  And 
if  not,  can  our  free  institutions  be  maintained! 
Or  must  a  nation  necessarily,  like  an  individual 
human  being,  have  its  infancy,  its  youth,  its 
stalwart  manhood,  its  old  age,  decline  and 
death  ?"  A  few  simple  calculations  based  on 
the  experience  of  other  nations  would  serve  to 
show  that  even  the  State  of  Iowa  would,  by 
proper  methods  of  agriculture,  be  able  to  sup 
port  a  population  of  fifteen  millions  of  people, 
and  hence  the  population  of  the  whole  country 
might  increase  almost  indefinitely  without  en 
dangering  the  prosperity  of  the  Nation  through 
lack  of  means  of  support  for  its  people.  The 
subject  of  immigration  naturally  suggested  it 
self  at  this  point  and  called  forth  the  following 
remarks  from  the  speaker: 

Nor  do  I  apprehend  disaster  on  account  of  emigra 
tion  from  foreign  lands  to  this  country.  Emigrants 
and  their  descendants  founded  this  republic ;  and  have 
been  the  defenders  of  its  free  institutions  throughout 
its  history.  Of  course  the  emigration  to  these  shores 


SPEECHES  AND  ADDRESSES          323 

of  felons,  vagrants  and  paupers  should  be  sternly  pro 
hibited,  on  the  grounds  of  both  justice  and  self  de 
fense.  Every  nation  should  be  required  to  restrain 
its  own  criminals  and  to  provide  for  its  own  depend 
ent  people.  In  1890,  according  to  the  official  reports, 
among  a  population  of  about  sixty-two  millions  there 
were  only  a  little  more  than  nine  millions  of  foreign 
birth,  in  the  United  States.  The  major  part  of  these 
are  the  equals  in  intelligence,  industry,  frugality  and 
morality,  to  the  average  of  our  native  population. 
Hence  I  feel  no  alarm  on  account  of  their  presence. 

Some  citizens,  he  said,  had  "forebodings  of 
disaster  to  the  Republic  on  account  of  the  prev 
alence  of  intemperance. ' '  But,  as  great  an  evil 
as  intemperance  was  recognized  to  be,  he  did 
not  expect  it  to  overwhelm  the  Nation.  i '  I  well 
remember ",  he  said,  "when  literally  everybody, 
—  men,  women,  children  and  even  the  preachers 
used  intoxicants  as  a  beverage.  It  was  thought 
to  be  a  necessity,  to  ward  off  disease  and  pre 
serve  human  life.  It  is  not  so  now.  Then  it 
was  regarded  as  a  gross  insult  to  decline  to 
drink  when  invited  to  do  so  by  a  friend.  Public 
opinion  in  this  respect  has  changed.  It  is  now 
on  the  side  of  sobriety. ' ' 

Neither  did  Mr.  Harlan  share  in  the  alarm  of 
some  people  on  account  of  illiteracy  among  cer 
tain  classes  of  the  population.  The  undesirable 
conditions  along  this  line  were  steadily  chang 
ing  for  the  better,  and  furthermore,  in  his 


324  JAMES  HARLAN 

opinion,  illiteracy  did  not  "necessarily  imply  a 
lack  of  either  patriotism  or  effective  practical 
intelligence ".  Again,  he  said  that  "some  of 
our  fellow  citizens  have  become  alarmed  lest  a 
section  of  the  Christian  church  may  be  success 
fully  engaged  in  machinations  against  our  free 
institutions. "  But  he  found  no  grounds  for 
this  fear,  since  the  prevailing  sentiment  of  the 
age  favored  religious  freedom,  and  this  senti 
ment  was  stronger  than  edicts  or  statutes. 

Finally,  he  found  that  "many  most  excellent 
citizens  fear  that  our  vast  accumulations  of 
wealth  actually  endanger  the  perpetuity  of  our 
free  institutions,  in  the  hands  of  private  indi 
viduals,  and,  also  under  the  control  of  corpora 
tions.  "  But  he  believed  that  the  founders  of 
the  Constitution,  in  providing  ample  protection 
for  property  and  guaranteeing  everyone  the 
right  to  the  fruits  of  his  own  labor,  had  builded 
wisely.  "They  seemed  to  think",  he  asserted, 
"that  the  certainty  of  the  ultimate  death  of  the 
rich  as  well  as  the  poor,  in  the  absence  of  power 
to  entail  estates,  would  sufficiently  secure  the 
distribution  of  the  accumulations  of  the  wealthy 
to  their  less  fortunate  kinsman,  at  the  end  of 
each  one's  natural  life, —  or  by  escheat  to  the 
State,  thus  becoming  the  property  of  the  whole 
people."  The  danger  from  the  growth  of 
corporations  he  also  thought  was  frequently 
exaggerated,  since  he  believed  it  would  not  be 


SPEECHES  AND  ADDRESSES          325 

difficult  "to  surround  them  with  legal  restraints 
that  would  effectually  protect  the  people  from 
the  evils  of  which  complaint  is  sometimes 
made. ' ' 

Taking  everything  into  consideration,  there 
fore,  and  "having  faith  in  God  as  a  just  and 
infinitely  beneficent  Ruler  of  Nations,  and  in  the 
practical  wisdom  and  intelligence  of  the  Amer 
ican  people/'  he  saw  no  reason  to  fear  ap 
proaching  disaster  to  the  Nation.396 

The  same  vein  of  optimism  runs  through  all 
the  addresses  which  James  Harlan  delivered  on 
patriotic  occasions,  such  as  Independence  Day, 
Memorial  Day,  and  reunions  of  veterans  of  the 
Civil  War.  For  the  men  who  had  defended  the 
Union  during  that  four  years'  struggle  he  had 
an  especially  warm  place  in  his  heart,  and  he 
was  generous  in  his  praise  of  their  valor  and 
patriotism.397 

Educational  topics  were  naturally  of  interest 
to  the  man  who  had  spent  many  years  of  his 
early  life  as  a  teacher;  and  in  the  years  of  his 
retirement  he  found  ample  opportunity  to  ex 
press  his  views  on  the  purposes,  results,  and 
methods  of  education.  Especially  was  he  wel 
comed  as  a  commencement  speaker  at  De  Pauw 
University,  his  alma  mater,  and  at  Iowa  Wes 
ley  an  University,  of  which  institution  he  was 
virtually  the  founder.  Apparently  his  first  visit 
to  "Old  Asbury"  after  the  close  of  his  public 


326  JAMES  HARLAN 

career  was  in  1887,  when  he  was  invited  to  de 
liver  the  commencement  address. 

He  felt,  he  said,  somewhat  like  Rip  Van 
Winkle  in  thus  returning,  forty-two  years  after 
the  close  of  his  college  days  and  thirty-t\vo 
years  after  his  last  visit  to  the  institution.  The 
entire  aspect  of  the  University  was  changed  and 
the  students  and  citizens  whom  he  had  known 
so  well  had  vanished.  But  he  found  that  the 
student  impulses  of  by-gone  days  were  revived 
within  him.  ' '  I  may  say ' ',  he  declared,  l  i  that  I 
feel  that  I  am  still  one  of  your  number ;  that  the 
revolving  years  have  not  separated  us  in  our 
impulses  and  aspirations ;  that  time  has  made  of 
me  only  one  of  your  elder  brothers  who  can 
share  in  your  hopes  and  manly  and  wromanly 
purposes. " 

In  the  address  which  followed  this  reminis 
cent  introduction  five  points  stand  out  clearly. 
In  the  first  place,  the  speaker  was  not  much  in 
sympathy  with  the  so-called  "practical  educa 
tion"  for  undergraduates.  He  believed  that  a 
broad,  general  course  of  study  was  more  de 
sirable,  because  in  very  few  cases  did  the  in 
dividual  finally  take  up  as  a  life  work  the 
vocation  or  profession  which  attracted  him  at 
the  beginning  of  his  college  career.  And  in  any 
case  he  should  have  the  broad  foundation  of 
general  culture  which  the  regular  academic 
course  afforded.  The  second  observation  was 


SPEECHES  AND  ADDRESSES          327 

that  while  the  "detailed  technicalities"  of  any 
study  "may  seem  to  fade  from  the  memory  or 
become  obscured ",  the  essentials  remain  fixed 
in  the  mind  if  the  instruction  has  been  success 
ful,  and  that  the  power  to  "make  such  knowl 
edge  vital",  when  occasion  demands,  is  of 
greater  importance  than  to  remember  all  the 
details. 

But  of  greater  significance  than  the  book- 
learning  which  the  conscientious  student  would 
gain,  important  as  the  speaker  believed  such 
knowledge  to  be,  was  the  fact  that  he  had  ' '  thus 
acquired  the  habit  of  systematic  application, 
and  learned  how  to  learn,  and  where  and  how 
to  obtain  learning."  Partly  for  this  reason, 
and  partly  because  he  did  not  consider  that  the 
average  student  entering  college  was  sufficient 
ly  mature  to  choose  wisely  the  studies  he 
should  pursue,  he  favored  an  adherence  to  an 
established  course  of  study  such  as  in  the  ex 
perience  of  educators  had  proved  most  bene 
ficial  in  its  results.  In  other  words,  he  was 
opposed  to  the  elective  principle  which  was 
gaining  ground  in  some  colleges  and  universi 
ties.  Finally,  Mr.  Harlan  declared  that  college 
graduates  had  become  the  leaders  in  all  the  pro 
fessions,  pursuits,  and  enterprises  "requiring 
continuity  of  effort,  and  sustained  and  vigorous 
action."  Consequently,  students  should  pre 
pare  themselves  for  leadership,  not  necessarily 


328  JAMES  HARLAN 

in  the  spectacular  deeds,  but  rather  as  "  those 
who  have  persistently  worked,  and  built  up  that 
characteristic  of  human  greatness,  an  un 
swerving  tenacity  of  purpose/'398 

Other  educational  discourses,  as  for  instance 
commencement  addresses  at  DePauw  Univer 
sity  in  1892  and  at  Iowa  Wesleyan  University 
in  1895,  and  speeches  before  educational  gath 
erings  of  various  sorts,  might  be  mentioned.399 
But  the  same  line  of  thought  runs  through  all 
of  them,  and  especially  was  Mr.  Harlan  firm  in 
his  opposition  to  any  considerable  extension  of 
the  elective  principle  in  colleges  and  universi 
ties. 

On  August  16,  1894,  Mr.  Harlan  addressed  a 
Conference  of  the  Methodist  Episcopal  Church 
held  at  Cedar  Rapids,  on  the  subject:  "Capital 
and  Labor ' '.  He  discussed  the  economic  phases 
of  capital  and  labor,  their  relation  to  each  other 
and  to  the  business  of  the  world,  including  their 
relation  to  coinage  and  the  currency,  and  closed 
with  these  words : 

It  seems  only  needful  that  I  should  add,  since  Labor 
is  the  creator  of  all  Capital,  and  all  Capital  is  the 
accumulated  product  of  Labor,  Labor  and  Capital 
should  never  be  at  war  with  each  other;  and  neither 
should  ever  attempt  to  coerce  or  rob  the  other.  The 
combination  of  capitalists  for  the  purpose  of  coercing 
laborers  would  be  tyranny ;  and  the  combination  of 
laborers  to  coerce  capitalists  would  be  robbery.  Nei- 


SPEECHES  AND  ADDRESSES          329 

ther  can  be  tolerated  by  a  free  people.  In  a  free  coun 
try  wages  must  always  and  necessarily  be  the  subject 
of  voluntary  contract  between  the  employer  and  the 
employed,  in  all  individual  enterprises.  The  State 
must  protect  each  in  the  exercise  of  this  right  or  our 
personal  freedom  would  be  destroyed.400 

The  political  speeches  made  by  James  Harlan 
during  the  first  years  of  his  retirement  were 
almost  as  numerous  as  during  his  public  career, 
and  even  down  to  the  year  of  his  death  he  will 
ingly  gave  of  his  time  and  strength  to  promote 
the  success  of  the  party  which  he  had  helped  to 
establish.  As  the  years  passed,  his  speeches 
became  less  partisan,  more  reminiscent,  argu 
mentative  and  philosophical.  It  will  be  worth 
while  to  note  Harlan 's  attitude  toward  a  few  of 
the  leading  political  issues  of  these  later  years. 

The  Greenback  movement  of  the  late  seven 
ties  met  with  decided  disapproval  from  the  ex- 
Senator.  In  a  speech,  prepared  and  apparently 
delivered  in  1878,  he  reviewed  with  great  care 
the  theory  of  values,  their  dependence  upon 
labor  and  skill,  and  the  principles  upon  which 
the  coinage  of  gold  and  silver  was  based.  In  a 
commercial  nation  like  the  United  States  an 
exclusive  metallic  currency  was  not  desirable 
for  many  reasons,  and  hence  a  large  part  of  the 
circulating  medium  must  consist  of  paper 
money.  As  long  as  this  paper  money  possessed 
a  purchasing  power  of  equal  value  with  that  of 


330  JAMES  HARLAN 

coin,  all  was  well.  But  the  only  method  to 
maintain  this  equality  and  keep  paper  money 
at  par  value  was  to  provide  for  its  redemption 
in  coin. 

The  Nation  had  learned  this  truth  through 
bitter  experience  in  the  early  years  of  its  exist 
ence,  and  other  countries  had  endeavored  with 
marked  failure  to  regulate  their  currency  with 
out  a  gold  or  silver  standard  to  fall  back  upon. 
All  these  instances  justified  "the  conclusion 
that  no  paper,  being  promise  to  pay,  can  be 
maintained  at  par  with  coin,  without  ample  pro 
vision  for  payment  at  maturity,  or  for  redemp 
tion  at  the  pleasure  of  the  holder,  in  coin  when 
issued  in  the  form  of  a  circulating  medium". 
And  yet  a  new  political  party  had  been  organ 
ized  which  insisted  "that  gold  and  silver  and 
every  thing  of  real  value  as  recognized  in  trade, 
should  be  discarded  as  a  circulating  medium, 
and  a  new  sort  of  paper  money  substituted", 
which  was  to  contain  no  promise  of  redemption 
and  which  was  to  be  issued  "with  the  distinct 
understanding  that  they  are  never  to  be  re 
deemed  in  coin".401 

In  the  State  campaign  in  Iowa  in  1883,  as 
will  be  remembered,  the  temperance  question 
was  an  important  issue  on  account  of  the  recent 
defeat  of  the  prohibitory  amendment  to  the 
Constitution  through  an  adverse  decision  of  the 
Supreme  Court.  In  a  speech  of  this  year  James 


SPEECHES  AND  ADDRESSES          331 

Harlan  advocated  giving  prohibition  a  fair 
trial  by  legislative  action,  since  the  majority  of 
the  people  of  the  State  had  voted  in  favor  of 
this  method  of  regulation. 

The  tariff  question  also  received  considera 
tion  in  this  speech.  Mr.  Harlan  was  not  in 
favor  of  any  reduction  in  the  tariff  on  foreign 
imports.  The  Democrats  objected  to  a  "pro 
tective  tariff ' '  and  favored  a  '  *  tariff  for  revenue 
only".  In  the  first  place,  he  could  not  see  that 
the  distinction  would  make  any  material  differ 
ence,  provided  the  Government  continued  to 
derive  a  large  part  of  its  revenue  from  the 
duties  on  goods  coming  into  the  country.  The 
amount,  if  this  policy  were  continued,  would  be 
the  same  in  either  case,  whether  the  duties 
were  applied  for  protection  or  for  revenue  only. 
On  the  other  hand,  if  no  duty  was  levied  on 
foreign  imports,  it  would  necessarily  mean  an 
excise  tax  or  direct  taxation  upon  the  people  of 
this  country,  both  of  which  would  be  very  ob 
jectionable  and  burdensome.  It  was  "too  late 
in  the  day  for  any  one  to  seriously  insist  that  a 
tax  on  foreign  imports,  does  not  stimulate  home 
products".  The  logical  result  of  the  policy  of 
the  Democratic  party  would  be  "to  increase 
foreign  imports,  to  diminish  domestic  manu 
factures,  and  to  stimulate  the  export  of  raw 
material  to  the  work  shops  of  Europe";  and 
finally  to  introduce  a  system  of  tariff  that  had 


332  JAMES  HARLAN 

never  received  the  sanction  of  experience  in 
this  country.402 

The  last  great  political  issue  to  claim  the  at 
tention  of  the  veteran  statesman  was  the  free 
silver  doctrine  promulgated  by  William  Jen 
nings  Bryan  during  the  presidential  campaign 
of  1896.  In  a  number  of  speeches,  Harlan  at 
tacked  this  doctrine  and  the  other  policies  of  its 
author,  but  nowhere  are  his  views  on  the  coin 
age  more  clearly  expressed  than  in  a  speech 
entirely  devoted  to  that  subject,  which  was  de 
livered  at  Aurora,  Illinois,  in  August.  ' '  I  have 
no  interest  in  the  subject  other  than  that  of  a 
private  citizen  of  the  United  States,  born  in 
Illinois,  brought  up  in  Indiana,  and  a  long  time 
resident  of  Iowa ' ',  he  declared  by  way  of  intro 
duction.  "I  am  not  a  candidate  for  any  office, 
and  am  not  engaged  in  any  business  requiring 
for  its  success  any  special  legislation,  or  special 
favors  from  anybody.  I  think  I  can,  therefore, 
consider  the  subject  with  entire  impartiality." 

Then  plunging  into  the  subject,  he  noted  that 
one  of  the  great  political  parties  of  the  day  de 
manded  "the  free  and  unlimited  coinage  of 
silver  and  gold  on  the  ratio  of  sixteen  grains  of 
silver  to  one  grain  of  gold".  The  demand  was 
apparently  made  in  all  honesty  and  therefore 
deserved  respectful  consideration.  He  defined 
coinage  and  described  the  method  of  coining 
money.  "Coined  money",  he  said,  however, 


SPEECHES  AND  ADDRESSES          333 

"measures  the  quantity  and  quality  of  the  gold 
and  silver  used  in  their  formation,  but  does  not 
measure  the  value  of  anything.  Human  labor 
and  skill  applied  in  the  production  of  things  of 
common  desire  is  the  real  measure  of  their 
value.  This  has  always  been  so  since  civiliza 
tion  commenced,  and  must  always  remain  so 
until  the  divine  edict  requiring  man  to  earn  his 
bread  by  the  sweat  of  his  face  shall  be  re 
pealed.  ' '  The  difference  between  intrinsic  and 
commercial  value  was  pointed  out  and  the  fact 
was  emphasized  that  "an  average  day's  work 
by  a  so-called  common  laborer  is  the  true  unit 
of  all  commercial  values.  That,  and  not  the 
standard  silver  dollar  nor  the  gold  dollar,  as 
some  suppose,  is  the  standard  of  measurement 
to  which  all  commercial  values  are  referred  in 
all  estimates  and  computations  ....  just 
as  the  average  strength  of  a  horse  is  the  unit 
referred  to  by  the  practical  engineer  in  the 
measurement  of  force. " 

"The  value  of  money  itself ",  Mr.  Harlan 
continued,  "is  so  measured.  Money  —  real 
money  —  gold  and  silver  —  the  money  of  the 
commercial  world  —  which  circulates  at  par 
everywhere  —  is  worth  in  the  world's  trade  the 
human  labor  —  the  days'  work  —  the  human 
toil  and  skill  it  cost  to  gather  it,  grain  by  grain, 
from  the  sands  of  the  placer,  or  from  the  rocks 
of  the  mountains. "  Therefore,  since  gold  cost 


334  JAMES  HARLAN 

more  to  produce  than  silver,  a  given  quantity  of 
gold  had  more  commercial  value  than  the  same 
quantity  of  silver.  This  was  the  basis  upon 
which  the  coinage  of  these  two  metals  was 
based,  and  paper  money  was  measured  indirect 
ly  by  the  same  standard,  since  its  value  in  the 
commercial  world  was  dependent  upon  the  pos 
sibility  of  its  redemption  in  gold.  Sound 
"fiat"  money  was  therefore  impossible,  since 
neither  governments  nor  individuals  could 
create  something  out  of  nothing. 

"The  current  use  of  the  standard  silver  dol 
lar  whose  bullion  value  is  now  only  a  trifle  more 
than  one-half  the  bullion  value  of  the  gold 
dollar,"  the  speaker  admitted,  "may  seem  to 
prove  the  unsoundness  of  this  allegation. ' '  But 
it  should  be  remembered  that  the  "standard 
silver  dollar  does  not  circulate  as  money  at  par 
anywhere  beyond  the  boundaries  of  the  United 
States.  Anywhere  else  it  is  worth  only  its  bul 
lion  value  except  in  the  hands  of  bankers  and 
brokers,  who  ship  it  back  to  the  United  States 
to  be  exchanged  for  gold.  But  here  in  the 
United  States,  it  passes  in  trade  at  par  with 
gold  because  it  is  practically  redeemable  at  par 
in  gold,  in  pursuance  of  an  act  of  Congress  de 
claring  it  to  be  the  policy  of  our  government  to 
maintain  our  gold  and  silver  coins  and  Treas 
ury  notes  at  par  with  each  other". 

Bryan  and  his  followers  claimed  that  if  the 


SPEECHES  AND  ADDRESSES          335 

free  and  unlimited  coinage  of  silver  at  the  ratio 
of  sixteen  to  one  were  resumed,  the  bullion 
value  of  the  silver  dollar,  which  then  was  only 
fifty-three  cents,  would  be  raised  to  one  hundred 
cents.  To  indicate  the  fallacy  of  this  contention 
Mr.  Harlan  presented  a  careful  review  of  the 
coinage  history  of  the  country,  paying  special 
attention  to  the  act  of  1873,  which  was  the  prin 
cipal  point  of  attack  of  the  Democratic  candi 
date,  and  the  Bland-Allison  act  of  1878.  He 
also  pointed  out  the  fact  that  the  mere  coinage 
of  silver  could  not  increase  its  bullion  value. 
Coinage  was  simply  and  largely  a  matter  of 
convenience,  to  expedite  business  transactions 
by  means  of  a  convenient  medium.  The  busi 
ness  of  the  world  would  go  on,  although  more 
slowly  to  be  sure,  even  if  all  the  mints  were 
closed  and  the  coins  were  melted  into  bullion. 

In  view  of  all  these  facts  there  could  be  but 
one  conclusion  in  regard  to  the  free-silver  doc 
trine  of  the  Democratic  party : 

If  this  policy  should  be  adopted  it  can  not  be  doubt 
ed  that  the  hope  of  realizing  a  profit  from  such 
coinage,  equal  to  the  difference  between  the  mercantile 
value  of  the  bullion  and  the  par  value  of  the  coin, 
would  stimulate  the  deposit  of  silver  bullion  at  our 
mint  to  be  coined,  in  excess  of  the  ability  of  the  gov 
ernment  to  maintain  it  at  the  gold  standard  as  at 
present.  And  if  so,  it  is  impossible  to  doubt,  in  the 
light  of  our  own  financial  history,  as  well  as  that  of 


336  JAMES  HARLAN 

all  the  other  commercial  nations,  that  gold  would  go  to 
a  premium,  and  out  of  circulation,  and  these  standard 
silver  dollars,  being  supported  by  nothing  else,  would 
circulate  at  their  bullion  value,  as  does  now  the  silver 
coinage  of  Mexico.403 

This  outline  of  speeches  and  addresses  may 
fittingly  be  brought  to  a  close  by  a  brief  review 
of  a  paper  read  before  the  "Harlan  Club"  of 
Iowa  Wesleyan  University  on  April  28,  1898. 
For  the  first  time  in  all  the  years  since  1865, 
the  ex-Senator  ventured  to  speak  of  his  per 
sonal  friend,  Abraham  Lincoln.  He  recounted 
the  events  of  his  first  meetings  with  the  Presi 
dent  and  gave  a  vivid  description  of  the  Lincoln 
family,  copied  apparently  from  his  Autobi 
ographical  Manuscript.  His  official  relations 
with  the  President  were  passed  in  review  and  he 
paid  tribute  to  the  patient  courtesy  with  which 
he  wras  always  received.  But  it  was  not  in  his 
official  life  that  the  real  Lincoln  appeared.  As 
one  privileged  to  know  him  in  the  moments  of 
relaxation  and  on  social  occasions,  Mr.  Harlan 
presented  the  following  picture  of  Lincoln  the 
man: 

He  was  in  fact  possessed  of  a  very  wide  range  of 
information ;  was  well  versed  in  literature  and  science ; 
could  quote  verbatim  from  standard  authors  by  the 
hour;  was  endowed  with  very  acute  mental  percep 
tions,  and  trenchant  logical  powers;  and  was,  conse 
quently,  masterful  in  debate.  He  was  the  most 


SPEECHES  AND  ADDRESSES          337 

patient  and  unselfish  man  I  ever  knew,  with  boundless 
patriotism  and  overflowing  affection  and  tenderness 
for  every  oppressed  and  suffering  member  of  the 
human  race  ....  He  never  needlessly  injured 
anyone,  nor  permitted  anyone  to  unjustly  suffer,  if  he 
could  properly  prevent  it.  Hence  he  could  truthfully 
say  "It  rests  me  after  a  day's  hard  work  if  I  can  find 
a  good  excuse  for  saving  a  man 's  life. ' ' 

I  will  only  add,  in  closing  this  recital,  that  I  some 
times  met  President  Lincoln  socially,  when  I  had  no 
1 '  ax  to  grind, ' '  and  no  public  measure  to  discuss ;  and 
found  him  most  delightful  company.  But  these  inter 
views  were  rare,  for  the  reason  that  he  was  almost 
constantly,  day  and  night,  overwhelmed  with  official 
duties,  leaving  him  hardly  time  for  necessary  meals 
and  sleep ;  and  I  was  equally  busy  with  official  duties 
in  a  minor  position. 

Sometimes,  said  Mr.  Harlan,  "he  and  Mrs. 
Lincoln  would  drive  to  the  hotel  where  I  and  my 
family  resided,  and  taking  my  wife  into  their 
carriage,  would  drive  away  into  the  country; 
or  to  the  Opera  House  to  listen  to  rare  music. ' ' 
The  last  drive  they  took  together  was  shortly 
after  the  fall  of  Richmond,  and  they  crossed  the 
Potomac  River  into  Virginia  through  a  country 
devastated  by  war.  "This  drive",  continued 
the  speaker,  "has  become  to  me  historical. 
First,  because  it  was  the  last  one  taken  by  me 
in  his  company;  and  proved  to  have  been  so 
near  the  end  of  his  life.  And,  secondly,  because 
he  had  suddenly  become,  on  the  fall  of  Rich- 

22 


338  JAMES  HARLAN 

mond  and  the  surrender  of  the  Confederate 
Army,  April  9th,  at  Appomattox,  a  different 
man  from  what  I  had  ever  seen  in  him.  His 
whole  appearance,  poise  and  bearing  had  mar- 
velously  changed.  He  was,  in  fact,  transfigured. 
That  indescribable  sadness  which  had  previous 
ly  seemed  to  be  an  adamantean  element  in  his 
very  being,  had  been  suddenly  exchanged  for 
an  equally  indescribable  expression  of  serene 
joy  as  if  conscious  that  the  great  purpose  of  his 
life  had  been  achieved  ....  Yet  there 
was  no  manifestation  of  exultation,  or  ecstacy. 
He  seemed  the  very  personification  of  supreme 
satisfaction. ' ' 

Mr.  Harlan  closed  his  paper  with  a  brief  ac 
count  of  the  assassination  and  funeral,  and  with 
a  glowing  tribute  to  the  man  whose  body  "lies, 
at  the  capital  city  of  his  own  State,  in  a  great 
mausoleum,  erected  by  the  voluntary  contribu 
tions  of  his  fellow  citizens,  peacefully  awaiting 
the  resurrection,  while  his  memory  is  enshrined 
in  the  hearts  of  his  countrymen;  and  his  char 
acter  is  revered  by  all  good  men  and  women 
throughout  the  world.  "404 


XXX 

CHAKACTEB  AND  SERVICES 

JAMES  HABLAN  was  a  man  of  strong  personality. 
He  was  above  the  average  in  height,  well-pro 
portioned,  broad-shouldered,  and  erect.  He 
was  possessed  of  strong,  determined  features, 
and  his  was  a  face  upon  which  were  written 
honesty  and  sincerity.  Though  not  free  from 
sickness  in  his  earlier  years,  in  later  manhood 
he  was  seldom  ill  and  his  splendid  constitution 
permitted  him  to  take  an  active  part  in  public 
affairs  in  the  State  of  Iowa  up  to  the  date  of 
his  death,  at  the  age  of  nearly  eighty  years. 

In  education  he  was  more  fully  equipped 
than  many  of  the  statesmen  of  his  day,  both  in 
Iowa  and  in  the  Nation  at  large;  and  at  the 
same  time  his  practical  knowledge  of  pioneer 
life  fitted  him  to  an  eminent  degree  to  represent 
the  interests  of  the  people  of  the  West  in  the 
halls  of  Congress.  Independence  and  self- 
reliance,  two  qualities  born  of  life  on  the 
frontier,  characterized  his  actions  throughout 
his  entire  career.  His  character  is  a  fine  ex 
emplification  of  the  distinction  between  the 

339 


340  JAMES  HARLAN 

egoist  and  the  egotist.  He  knew  his  limitations, 
and  within  those  limitations  he  believed  in  him 
self.  The  resourcefulness,  for  which  the  Amer 
ican  pioneer  is  justly  noted,  also  enabled  James 
Harlan  to  meet  the  emergencies  and  changing 
conditions  of  his  life  with  unusual  success.  The 
duties  and  responsibilities  of  educator,  Super 
intendent  of  Public  Instruction,  lawyer,  and 
surveyor,  all  were  assumed  and  performed 
without  hesitation  and  with  results  which  lack 
of  experience  wrould  seem  to  preclude.  And 
when  with  scarcely  any  warning  he  was  called 
to  a  seat  in  the  Senate  of  the  United  States  he 
was  not  found  wanting  in  ability  to  adapt  him 
self  to  a  new  and  larger  field  of  activity  and 
usefulness. 

James  Harlan  was  a  man  of  strong  likes  and 
dislikes.  This  quality  made  him  warm  friends 
and  bitter  enemies,  and  sometimes  warped  his 
judgment  of  men.  He  had  few  intimate  and 
confidential  friends,  but  to  these  he  was  loyal; 
and  after  his  retirement  from  public  life  the 
bitterness  of  his  enemies  died  away.  His 
opinions  on  public  questions  were  equally 
strong,  but  he  never  descended  to  the  arts  of 
the  demagogue.  His  breadth  of  view  and  sense 
of  justice  saved  him  from  fanaticism,  and,  with 
rare  exceptions,  as  in  the  impeachment  trial  of 
Andrew  Johnson,  prevented  him  from  the  sup 
port  of  policies  which  in  their  practical  results 


CHARACTER  AND  SERVICES          341 

have  proved  unwise.  On  the  other  hand,  the 
very  intensity  of  his  convictions  imparted  an 
earnestness  and  force  to  his  speeches  in  the 
Senate  on  the  great  issues  of  slavery  and  recon 
struction  which  "mere  eloquence "  could  not 
have  supplied. 

As  a  speaker,  especially  in  the  Senate,  Harlan 
followed  the  method  of  the  debater  rather  than 
that  of  the  orator.  His  speeches  were  prepared 
with  unusual  care  and  he  seldom  made  an  im 
portant  statement  which  was  not  supported  by 
an  array  of  facts.  Logical  arrangement  was  a 
noticeable  feature  of  all  his  extended  speeches. 
While  he  could  on  occasion  rise  to  flights  of  elo 
quence,  his  appeal  was  rather  to  the  reason 
than  to  the  emotions,  and  his  speeches  convinced 
rather  than  aroused  his  hearers. 

Broad  sympathy  and  a  firm  belief  in  the  com 
mon  people  served  to  soften  the  sterner  phases 
of  the  statesman's  character,  and  at  the  same 
•  time  to  instill  in  him  a  spirit  of  optimism  which 
nothing  could  seriously  affect.  He  always 
championed  the  oppressed,  and  his  letters  of 
sympathy  and  consolation  to  those  in  trouble 
or  in  sorrow  because  of  the  loss  of  loved  ones 
during  the  war  reveal  his  responsiveness  to  the 
sufferings  of  his  fellow-beings.  His  belief  in 
the  common  people  is  illustrated  throughout  his 
career  by  his  insistence  upon  the  fact  that  edu 
cation  or  lack  of  education  does  not  necessarily 


342  JAMES  HARLAN 

affect  the  ability  of  the  individual  to  be  a  good 
citizen  nor  alter  his  moral  nature.405  The 
great  majority  of  the  men  and  women  whom  he 
had  known  in  his  boyhood  and  early  manhood 
were  without  other  educational  advantages  than 
the  most  elementary  schooling  afforded,  and  yet 
he  bore  frequent  testimony  that  nowhere  was  a 
more  honest,  upright,  and  intelligent  class  of 
people  to  be  found. 

Against  the  personal  life  of  James  Harlan  no 
breath  of  suspicion  has  ever  been  cast.  In  this 
respect  he  passed  unscathed  through  the  fierce 
storm  of  charges  which  troubled  the  last  years 
of  his  public  service.  His  honesty  was  serious 
ly  attacked,  but  it  is  perhaps  a  sufficient  com 
mentary  on  the  charges  hurled  at  him  that  when 
once  the  partisanship  which  demanded  his  re 
tirement  from  the  Senate  had  accomplished  its 
purpose,  he  met  with  only  honor  and  respect 
and  almost  veneration  from  the  people  of  Iowa, 
and  those  who  had  been  most  vehement  in  their 
attacks  upon  him  were  among  the  most  enthusi 
astic  in  extolling  his  character  and  in  praising 
his  high  services  to  the  State  and  Nation. 
James  Harlan,  in  common  with  other  men  in 
public  life,  made  mistakes  and  committed  in 
discretions  ;  but,  judged  by  the  standards  of  his 
period,  his  public  career  will  stand  the  test  of 
rigid  investigation. 

In  private  life  James  Harlan  was  an  ideal 


CHARACTER  AND  SERVICES          343 

citizen,  interested  in  all  that  ministered  to  the 
upbuilding  of  the  community  in  which  he  lived, 
and  respected  and  beloved  by  his  fellow-towns 
men.  "In  the  little  city  of  Mt.  Pleasant,  Iowa, 
ripe  in  wisdom  and  experience  as  well  as  in 
years ;  full  of  honors  and  beloved  by  everybody, 
young  and  old, ' '  wrote  one  who  had  long  known 
and  admired  the  ex-Senator,  "resides  in  peace 
ful  quietude,  Iowa's  first  Superintendent  of 
Public  Instruction,  her  first  Republican  United 
States  senator,  and  her  first  cabinet  officer."406 
In  the  home  he  was  a  devoted  husband  and  a 
kind  father.  That  his  married  life  was  em£- 
nently  happy  is  amply  revealed  by  the  letters 
which  passed  between  husband  and  wife,  espe 
cially  during  the  gloomy  first  winter  of  the 
Senator's  residence  in  Washington. 

James  Harlan's  greatest  direct  service  to  the 
State  of  Iowa  was  rendered  during  the  first  ten 
years  of  her  statehood.  As  the  first  Superin 
tendent  of  Public  Instruction  he  put  the  public 
school  system  of  the  State  on  a  firm  basis  and 
established  precedents  which  were  followed  with 
beneficial  results  by  his  successors.  As  the  first 
President  of  Iowa  Wesleyan  University  he 
builded  well  and  he  may  justly  be  classed  among 
the  pioneers  of  higher  education  in  Iowa. 

From  the  duties  of  the  college  class-room  and 
office  his  labors  were  transferred  to  the  United 
States  Senate,  where  his  career  covers  the 


344  JAMES  HARLAN 

period  of  a  great  political  and  social  revolution. 
There  he  joined  the  apparently  uninfluential 
minority  of  which  Sumner,  Seward,  Trumbull, 
Fessenden,  and  Wade  were  the  most  conspicu 
ous  members;  and  his  was  the  word  that  gave 
new  hope  to  his  colleagues  and  to  the  baffled 
free-soilers  of  Kansas  and  Nebraska.407  His 
voice  was  continually  raised  against  the  further 
extension  of  slavery,  and  when  war  came  he 
firmly  supported  the  Government  in  its  meas 
ures  to  preserve  the  Union.  To  him  more  than 
to  any  other  one  person  is  due  the  credit  for 
forcing  upon  an  unwilling  Congress,  a  con 
servative  President,  and  a  prejudiced  public  the 
arming  of  the  negroes ;  and  with  a  few  others  he 
should  share  the  credit  for  securing  the  freedom 
and  enfranchisement  of  an  oppressed  race. 

James  Harlan  was  the  most  successful  advo 
cate  in  Congress  for  legislation  in  support  of 
the  Pacific  Railroad,  which  welded  the  Nation 
together  with  ties  of  common  interests  as  well 
as  with  bands  of  steel.  Partly  through  his 
patient,  persistent  endeavor,  in  one  Congress 
after  another,  millions  have  found  homesteads 
and  established  prosperous  communities  in  the 
West.  And  finally,  when  President  Grant's  far- 
seeing  and  far-reaching  plans  for  saving  San 
Domingo  from  herself  were  misconstrued  and 
denounced  as  selfish  and  treasonable  schemes 
for  personal  and  political  gain,  his  was  the  elo- 


CHARACTER  AND  SERVICES          345 

quent  protest  which  saved  well-meaning  but 
prejudice-blinded  statesmen  from  perpetrating 
an  act  of  injustice  which,  had  it  been  consum 
mated,  would  have  written  a  humiliating 
chapter  in  the  Nation's  history. 

The  career  of  James  Harlan,  stretching  from 
a  humble  pioneer  cabin  in  the  woods  of  Indiana 
across  the  Mississippi  to  an  infant  Common 
wealth  and  thence  to  the  highest  council  cham 
bers  of  the  Nation  in  its  time  of  trial,  may  well 
be  followed  with  pride  by  every  citizen  of  Iowa. 
And,  so  long  as  the  youth  of  America  seek  to 
emulate  the  achievements  of  American  states 
men,  they  may  find  in  the  life  of  James  Harlan 
an  illustration  of  the  possibilities  for  usefulness 
and  honor  which  await  him  who,  with  persist 
ence  and  yet  without  scorning  expediency,  dares 
champion  the  right  and  will  not  acquiesce  in, 
much  less  be  a  party  to,  what  he  believes  to  be 
wrong. 


NOTES    AND     REFERENCES 


347 


NOTES  AND  REFERENCES 

CHAPTER  I 

1  Autobiographical  Manuscript  and  Papers,  pp.  1,  2.     This  is 
the   partially   completed   autobiography   and   the   collection   of 
letters  and  papers  left  by  Mr.  Harlan. 

2  Autobiographical  Manuscript  and  Papers,  p.  2. 

3  Autobiographical  Manuscript  and  Papers,  p.  2. 

*  Autobiographical  Manuscript  and  Papers,  pp.  10,  11. 
s  Autobiographical  Manuscript  and  Papers,  pp.  11-13. 

6  Autobiographical  Manuscript  and  Papers,  pp.  4,  5. 

7  Autobiographical  Manuscript  and  Papers,  pp.  5,  6. 

CHAPTER  II 

s  Autobiographical  Manuscript  and  Papers,  pp.  15,  16. 
9  Autobiographical  Manuscript  and  Papers,  pp.  16,  17. 

10  Autobiographical  Manuscript  and  Papers,  pp.  19-22. 

11  Autobiographical  Manuscript  and  Papers,  pp.  23-26. 

12  Autobiographical  Manuscript  and  Papers,  p.  34. 
is  Autobiographical  Manuscript  and  Papers,  p.  35. 

i4  Autobiographical  Manuscript  and  Papers,  pp.  35-39. 

CHAPTER  III 

is  Autobiographical  Manuscript  and  Papers,  pp.  46,  47. 

10  Matthew  Simpson  afterward  became  a  Bishop  in  the  Meth 
odist  Episcopal  Church,   and   made   for  himself   a   world-wide 

349 


350  JAMES  HARLAN 

reputation  by  his  eloquence.    President  Lincoln  spoke  of  him  as 
the  greatest  orator  he  ever  heard. 

17  Public  speaking  was  given  a  prominent  place  at  Asbury 
University.  At  the  chapel  exercises  each  morning  four  students, 
taking  their  turn  in  alphabetical  order,  were  expected  to  deliver 
declamations,  and  in  this  way  each  student  appeared  on  an 
average  once  a  month.  Once  a  month  also  there  was  "Public 
Saturday"  at  which  about  one-fourth  of  the  students  were 
called  upon  for  declamations,  and  on  these  occasions  the  chapel 
room  was  usually  filled  with  people  from  Greencastle  and  the 
surrounding  country.  Furthermore,  the  student  body  was  di 
vided  into  as  many  groups  as  there  were  professors,  and  the 
members  of  each  group  were  required  to  appear  each  week 
before  their  respective  professor  and  read  an  original  essay. 
Finally,  there  were  two  strong  literary  or  debating  societies. — 
Autobiographical  Manuscript  and  Papers,  pp.  73-77. 

is  Autobiographical  Manuscript  and  Papers,  pp.  100,  101. 

19  Autobiographical  Manuscript  and  Papers,  p.  115. 

20  Autobiographical  Manuscript  and  Papers,  pp.  134,  135.    In 
this  speech  Clay  discussed  five  of  the  great  questions  of  the  day, 
as   follows:    a  protective   tariff,  the   re-charter  of   a  National 
Bank,  the  limitation  of  the  President's  veto  power,  internal  im 
provements  by  the  National  government,  and  the  distribution  of 
the  proceeds  of  the  sale  of  the  public  lands  to  the  States. 

21  Autobiographical  Manuscript  and  Papers,  pp.  152-164,  pas 
sim. 

22  Autobiographical  Manuscript  and  Papers,  p.  167. 

23  Autobiographical  Manuscript  and  Papers,  pp.  178,  179. 

24  Autobiographical  Manuscript  and  Papers,  pp.  180,  181. 

25  Autobiographical  Manuscript  and  Papers,  pp.  181-183. 

26  Autobiographical  Manuscript  and  Papers,  pp.  184-188. 
While  at  Wapello  Harlan  visited  the  site  of  the  Indian  village 

which  a  few  years  before  had  been  the  home  of  Black  Hawk 
and  his  band. 


NOTES  AND  REFERENCES  351 

27  Autobiographical  Manuscript  and  Papers,  p.  189. 

28  An  interesting  and  detailed  account  of  the  winter  in  Mis 
souri  is  to  be  found  in  the  Autobiographical  Manuscript  and 
Papers,  pp.  190-237. 

29  Autobiographical  Manuscript  and  Papers,  pp.  242,  243. 

so  An  account  of  Harlan  'a  college  life  after  his  return  from 
Missouri  may  be  found  in  the  Autobiographical  Manuscript  and 
Papers,  pp.  243-298. 

CHAPTER  IV 

si  Autobiographical  Manuscript  and  Papers,  pp.  278,  279. 

32  Miss  Peck 's  parents  died  when  she  was  a  child,  leaving  her 
under  the  guardianship  of  her  uncle,  Dr.  Knight. 

33  Autobiographical  Manuscript  and  Papers,  pp.  304,  305. 

34  James  L.  Thompson  spent  the  greater  part  of  his  life  in 
Indiana  as  a  minister  in  the  Methodist  Episcopal  Church.     In 
the  early  forties  he  retired  from  active  ministerial  work,  took 
a  superannuated  relation,  and  removed  to  the  Territory  of  Iowa, 
where  he  located  on  a  farm  near  Iowa  City,  the  capital  of  the 
Territory.    Here  he  lived  for  several  years,  devoting  much  of  his 
time  to  the  Iowa  City  College  during  its  brief  existence. 

ss  Autobiographical  Manuscript  and  Papers,  pp.  313,  314. 
Jesse  Bowen  took  quite  a  prominent  part  in  political  contests, 
and  was  a  member  of  the  State  Senate  in  the  Eighth  and  Ninth 
General  Assemblies. 

36  John  M.  Coleman  ' '  was  one  of  the  leading  citizens  of  the 
city  and  of  the  Territory,  who  had  emigrated  from  the  State  of 
Indiana,  a  few  years  before,  where  he  had  gained  prominence 
as  a  member  of  the  Legislature,  as  presiding  judge  of  an  Indi 
ana  Court,  and  in  business  pursuits.  After  his  arrival  in  Iowa 
he  had  been  made  United  States  Territorial  Agent,  to  lay  out 
into  blocks  and  lots,  the  site  for  this  city,  to  sell  the  same  and 
apply  the  proceeds  in  the  erection  of  a  Territorial  State  House ' '. 
—  Autobiographical  Manuscript  and  Papers,  p.  314.  For  an 


352  JAMES  HARLAN 

account  of  the  erection  of  the  "Old  Stone  Capitol"  see  Sham- 
baugh  's  Iowa  City  a  Contribution  to  the  Early  History  of  Iowa, 
pp.  59-72.  The  Harlan  home  at  this  time  was  located  on  the 
corner  of  Iowa  Avenue  and  Linn  Street. 

37  Laws  of  Iowa,  1842-1843,  pp.  75-81.  The  Trustees  named 
in  the  act  were  as  follows:  John  M.  Coleman,  Bartholomew 
Weed,  George  B.  Bowman,  Leonard  Jewett,  Anson  Hart,  Ed 
ward  K.  Hart,  William  C.  Eeagan,  Peter  H.  Patterson,  Jesse 
Bowen,  James  P.  Carleton,  John  D.  Elbert,  John  A.  Parvin, 
Joseph  Williams,  Kobert  Lucas,  John  Demoss,  Stephen  B. 
Gardner,  A.  E.  McArthur,  Curtis  Bates,  Isaac  P.  Van  Hagan, 
Robert  Hamilton,  James  L.  Thompson,  Milton  M.  Jennison, 
Ephraim  Killpatrick,  Eoswell  H.  Spencer,  Adam  Reister,  and 
Jesse  P.  Farley. 

The  north  half  of  block  five  was  located  on  the  south  side  of 
Market  Street  between  Lucas  and  Governor  Streets.  It  does 
not  appear,  however,  that  any  college  building  was  ever  erected 
on  this  piece  of  ground.  In  fact,  as  far  as  can  be  learned  the 
recitations  and  other  exercises  of  the  Iowya  City  College, 
throughout  its  existence,  were  held  in  a  building  located  on  the 
site  of  the  present  Christian  church  on  Iowa  Avenue.  This 
building  had  been  erected  and  occupied  by  the  Methodist 
Protestants,  but  at  about  the  time  the  Iowa  City  College 
opened  its  doors  in  1846  it  came  into  the  possession  of  the 
Methodist  Episcopal  Church. —  See  Shambaugh  's  Notes  on  the 
Early  Church  History  of  Iowa  City  in  the  Iowa  Historical 
Record,  Vol.  XV,  No.  4,  p.  567;  and  Laws  of  Iowa,  1845,  p.  109. 

ss  The  Iowa  Standard  (Iowa  City),  Vol.  Ill,  No.  18,  April  6, 
1843. 

ss  Autobiographical  Manuscript  and  Papers,  pp.  315-317. 

40  The  Iowa  Standard  (New  Series),  Vol.  I,  No.  2,  June  24, 
1846. 

41  Autobiographical   Manuscript   and   Papers,   pp.    337,    338. 

42  Autobiographical   Manuscript   and   Papers,   pp.    338,    339. 
Mary  Eunice  Harlan,  now  Mrs.  Robert  T.  Lincoln,  is  the  only 
surviving  child  of  James  and  Ann  Eliza  Harlan. 


NOTES  AND  REFERENCES  353 

CHAPTER  V 

43  Constitution  of  Iowa,  1846,  Article  X,  Section  1. 

44  Laws  of  Iowa,  1846-1847,  pp.  131,  132,  134. 

46  Autobiographical  Manuscript  and  Papers,  p.  340. 

46  Autobiographical  Manuscript  and  Papers,  pp.  341,  342. 

47  Autobiographical  Manuscript  and  Papers,  pp.  342,  343.   See 
also  The  Iowa  Standard  (New  Series),  Vol.  I,  No.  38,  March 
10,  1847. 

48  See   The  Iowa  Standard    (New  Series),  Vol.   I,  No.   38, 
March  10,  1847,  for  a  reply  to  the  attacks  made  on  Harlan  by 
the  Democratic  press.     Unfortunately  no  file  of  the  Iowa  Cap 
ital  Eeporter,  the  Democratic  organ  at  Iowa  City,  has  been 
preserved  covering  this  year.    See  also  Autobiographical  Manu 
script  and  Papers,  pp.  343,  344. 

49  The  Iowa  Standard  (New  Series),  Vol.  I,  No.  37,  March  3, 
1847.     Twenty-five  speaking  points  were  listed  in  this  schedule, 
and  they  were  scattered  over  the  entire  organized  portion  of  the 
State  from  Van  Buren  County  to  Dubuque.     Moreover,  a  num 
ber  of  other  places  not  mentioned  in  this  list  were  visited  by 
Harlan  during  the  month's  campaign. 

so  Autobiographical  Manuscript  and  Papers,  pp.  344-371. 
si  Autobiographical  Manuscript  and  Papers,  pp.  354-356. 

52  Newspaper   clipping   in   the  Autobiographical  Manuscript 
and  Papers,  p.  358. 

53  Autobiographical  Manuscript  and  Papers,  p.  359. 

54  Autobiographical  Manuscript  and  Papers,  p.  360. 

55  This  incident  is  described  in  the  Autobiographical  Manu 
script  and  Papers,  pp.  364-371. 

ss  Autobiographical  Manuscript  and  Papers,  p.  372. 

57  James  Harlan  was  elected  by  a  majority  of  413  votes  over 
Charles  Mason. —  See  Pelzer's  The  History  and  Principles  of 
the  Democratic  Party  of  Iowa,  1846-1857  in  The  Iowa  Journal 

23 


354  JAMES  HARLAN 

of  History  and  Politics,  Vol.  VI,  p.  172.  Dr.  Pelzer's  statement 
is  based  upon  the  election  returns  as  found  in  the  Public  Ar 
chives  at  Des  Moines. 

CHAPTER  VI 

ss  Constitution  of  Iowa,  1846,  Article  IV,  Section  27. 

so  Autobiographical  Manuscript  and  Papers,  p.  382 ;  and  The 
Iowa  Standard  (New  Series),  Vol.  I,  No.  46,  May  19,  1847. 

GO  Autobiographical  Manuscript  and  Papers,  pp.  383,  384. 

ei  The  Iowa  Standard  (New  Series),  Vol.  I,  Nos.  46  and  48, 
May  19,  and  June  2,  1847.  As  a  matter  of  fact  Judge  Mason 
had  been  given  ample  opportunity  to  express  his  opinion  relative 
to  the  publication  of  the  election  law,  for  the  Secretary  of  State 
had  written  to  him  asking  his  advice  on  that  very  point,  and  he 
had  made  reply. 

62  Autobiographical  Manuscript  and  Papers,  p.  393. 

63  Autobiographical  Manuscript  and  Papers,  pp.  393,  394.  See 
also  The  Iowa  Standard  (New  Series),  Vol.  I,  No.  50,  June  16, 
1847. 

64  The  Iowa  Standard  (New  Series),  Vol.  I,  No.  52,  June  30, 
1847;  and  Autobiographical  Manuscript  and  Papers,  p.  394.     In 
his  statement  to  the  court  Hampton  declared  that  for  seven  days 
James  Harlan  had  been  usurping  the  ' '  powers,  authorities  and 
emoluments"   of  the   office   of   Superintendent   "to   the   great 
damage  and  prejudice  of  the  lawful  authority"  of  the  State. 

OB  Calkin  v.  The  State,  1  Greene  68;  and  Autobiographical 
Manuscript  and  Papers,  pp.  394,  395. 

6«  A  full  discussion  of  the  history  and  administration  of  these 
land  grants  may  be  found  in  Buff  urn's  Federal  and  State  Aid 
to  Education  in  Iowa  in  The  Iowa  Journal  of  History  and  Pol 
itics,  Vol.  IV,  pp.  563-588.  As  originally  granted  by  Congress 
the  five  hundred  thousand  acre  grant  was  intended  for  the  use 
of  the  State  in  making  internal  improvements.  But  the  framers 
of  the  Constitution  of  1846  diverted  the  grant  to  the  use  of  the 
public  schools,  and  the  Constitution  was  approved  by  Congress. 


NOTES  AND  REFERENCES  355 

67  Laws  of  Iowa,  1846-1847,  pp.  160-164.  The  five  per  cent 
fund,  like  the  five  hundred  thousand  acre  grant  was  originally 
intended  for  internal  improvements,  but  was  later  diverted  to 
educational  purposes,  with  the  approval  of  Congress. —  See 
Shambaugh  'a  Documentary  Material  Eelating  to  the  History  of 
Iowa,  Vol.  I,  pp.  127,  128,  131,  132;  and  Buffum's  Federal  and 
State  Aid  to  Education  in  Iowa  in  The  Iowa  Journal  of  History 
and  Politics,  Vol.  V,  pp.  37-40. 

es  The  Iowa  Standard  (New  Series),  Vol.  II,  No.  7,  August 
18,  1847. 

69  Autobiographical  Manuscript  and  Papers,  p.  396. 

TO  Journal  of  the  House  of  Representatives,  1848  (Extra  Ses 
sion),  pp.  56,  57. 

71  Journal  of  the  House  of  Representatives,  1848  (Extra  Ses 
sion),  pp.  75-100. 

72  Laws  of  Iowa,  1848  (Extra  Session),  pp.  75,  80. 

73  Shambaugh 's   Messages   and   Proclamations   of   the   Gov 
ernors  of  Iowa,  Vol.  I,  pp.  371,  372. 

74  Autobiographical  Manuscript  and  Papers,  pp.  452,  453. 

75  Autobiographical  Manuscript  and  Papers,  pp.  453-479. 

76  Autobiographical  Manuscript  and  Papers,  p.  489. 

77  Autobiographical  Manuscript  and  Papers,  p.  489. 

78  The  official  abstract  of  the  returns  was  as  follows: 

Thomas  H.  Benton 9,327 

James  Harlan 8,112 

James  Harlin  452 

James  Harlen 340 

James  Harland 34 

James  Hartan 374 

T.  H.  Benton  2 

Samuel  B.  Howe 35 

Scattering  1 

—  The  Iowa  Standard  (New  Series),  Vol.  II,  No.  33,  May  24, 

1848. 


356  JAMES  HARLAN 

79  Autobiographical  Manuscript  and  Papers,  p.  499;  and  The 
Iowa  Standard  (New  Series),  Vol.  II,  No.  32,  May  17,  1S48. 

so  Autobiographical  Manuscript  and  Papers,  pp.  493-501. 

si  The  Iowa  Standard  (New  Series),  Vol.  II,  No.  35,  June  7, 
1848. 

82  Autobiographical  Manuscript  and  Papers,  pp.  504,  505. 

83  Autobiographical  Manuscript  and  Papers,  pp.  502-504. 

CHAPTER  VII 

s*  This  house  was  located  on  the  corner  of  Dubuque  and  Jef 
ferson  Streets,  where  the  Medical  Laboratory  Building  of  the 
State  University  of  Iowa  now  stands.  The  house  was  in  an 
unfinished  condition  when  purchased,  but  it  is  interesting  to 
note  that  the  price  paid  for  the  house  and  a  large  lot  was 
$546.00.  Practically  this  same  property  was  sold  for  $7,500  in 
1902  at  the  time  of  the  erection  of  the  Medical  Laboratory 
Building. 

ss  Autobiographical  Manuscript  and  Papers,  pp.  553-559. 
so  Autobiographical  Manuscript  and  Papers,  pp.  563,  564. 
87  Autobiographical  Manuscript  and  Papers,  pp.  573-579. 
ss  Autobiographical  Manuscript  and  Papers,  p.  583. 
89  Autobiographical  Manuscript  and  Papers,  p.  584. 

oo  See  newspaper  clippings  in  the  Autobiographical  Manu 
script  and  Papers,  pp.  593-595. 

91  Autobiographical  Manuscript  and  Papers,  pp.  623-625. 

02  The  manuscript  of  this  speech  is  to  be  found  in  the  Auto 
biographical  Manuscript  and  Papers,  pp.  597-622. 

03  Autobiographical  Manuscript  and  Papers,  pp.  627,  628. 

04  Autobiographical  Manuscript  and  Papers,  pp.  628,  629. 

os  A  detailed  account  of  this  controversy,  together  with  a 
number  of  the  articles  written  by  Harlan,  may  be  found  in  the 
Autobiographical  Manuscript  and  Papers,  pp.  630-647. 


NOTES  AND  REFERENCES  357 

»«  Autobiographical  Manuscript  and  Papers,  pp.  650-662. 
»7  Autobiographical  Manuscript  and  Papers,  pp.  695-698. 

88  This  partnership  continued  for  the  period  of  about  two 
years,  when  the  land  was  sold. —  See  Autobiographical  Manu 
script  and  Papers,  pp.  704,  705. 

99  3    Greene    586 ;    and    Autobiographical    Manuscript    and 
Papers,  p.  707. 

100  Autobiographical  Manuscript  and  Papers,  p.  707. 

101  Autobiographical  Manuscript  and  Papers,  pp.  710-720.      ' 

102  Autobiographical  Manuscript  and  Papers,  p.  728. 

103  For  an  account  of  this  month's  surveying  see  the  Auto 
biographical  Manuscript  and  Papers,  pp.  744-775. 

104  Autobiographical  Manuscript  and  Papers,  pp.  775-780. 

105  Autobiographical  Manuscript  and  Papers,  pp.  780-782. 

los  For  a  brief  sketch  of  Iowa  Wesleyan  University,  by  which 
name  the  institution  has  been  known  since  1855,  see  Parker's 
Higher  Education  in  Iowa,  pp.  154,  155. 

i°7  See  the  Autobiographical  Manuscript  and  Papers,  pp.  782- 
840,  for  an  account  of  Harlan's  life  and  activities  as  college 
president. 

CHAPTEE  VIII 

108  Salter  's  The  Life  of  James  W.  Grimes,  p.  50. 

109  Autobiographical  Manuscript  and  Papers,  p.  850. 
no  Autobiographical  Manuscript  and  Papers,  p.  851. 

in  Autobiographical  Manuscript  and  Papers,  pp.  "852-855. 
112  Autobiographical  Manuscript  and  Papers,  p.  859. 

us  Journal  of  the  Senate,  1854-1855,  pp.  44-48.  Fourteen 
names  appeared  on  the  first  ballot,  nine  on  the  second. 

114  For  a  record  of  the  successive  ballots  cast  in  this  caucus 
see  the  Autobiographical  Manuscript  and  Papers,  p.  867. 


358  JAMES  HARLAN 

115  See  the  Daily  Express  and  Herald  (Dubuque),  Vol.  IV, 
No.  208,  December  19,  1854. 

110  Journal  of  the  Senate,  1854-1855,  p.  49;  and  Iowa  Demo 
cratic  Enquirer  (Muscatine),  Vol.  VII,  No.  24,  December  21, 
1854. 

117  Letter  from  Samuel  McFarland  to  Harlan,  dated  Decem 
ber  14,  1854. —  Autobiographical  Manuscript  and  Papers,  p. 
865. 

us  Autobiographical  Manuscript  and  Papers,  pp.  871-873. 
us  Autobiographical  Manuscript  and  Papers,  p.  876. 

120  Autobiographical  Manuscript  and  Papers,  p.  877. 

121  Journal  of  the  House  of  Representatives,  1854-1855,  pp. 
102-111. 

122  Journal  of  the  House  of  Representatives,  1854-1855,  pp. 
151-156,  163-178. 

123  Iowa  Democratic  Enquirer  (Muscatine),  Vol.  VII,  No.  27, 
January  11,  1855. 

124  Journal  of  the  House  of  Representatives,  1854-1855,  pp. 
184-188.     The  final  vote  was  as   follows:    James   Harlan   52, 
Bernhart  Henn  2,  William  McKay  1,  James  Grant  1. 

125  Journal  of  the  House  of  Representatives,  1854-1855,  pp. 
188-190,  208-211;  Journal  of  the  Senate,  1854-1855,  pp.  122, 
129. 

CHAPTER  IX 

120  For  Harlan 's  correspondence  and  a  detailed  account  of 
his  activities  during  the  months  from  January  to  November  see 
the  Autobiographical  Manuscript  and  Papers,  pp.  938-1050. 

127  An  account  of  Harlan 's  journey  to  Washington  and  his 
first  impressions  in  the  capital  city  may  be  found  in  the  Auto 
biographical  Manuscript  and  Papers,  pp.  1050-1061. 

128  Congressional  Globe,  1st  Session,  34th  Congress,  p.  2. 


NOTES  AND  REFERENCES  359 

129  See  the  Autobiographical  Manuscript  and  Papers,  pp. 
1079-1094. 

iso  Congressional  Globe,  1st  Session,  34th  Congress,  p.  388; 
Appendix,  pp.  80,  81;  and  Autobiographical  Manuscript  and 
Papers,  pp.  1151-1154. 

131  Autobiographical  Manuscript  and  Papers,  p.  1169. 

132  Congressional  Globe,  1st  Session,  34th  Congress,  Appendix, 
pp.  270-277. 

issBhodes's  History  of  the  United  States,  Vol.  II,  pp.  130, 
131. 

134  New  York  Semi-Weekly  Tribune,  April  1,  1856. 

135  Congressional  Globe,  1st  Session,  34th  Congress,  pp.  826- 
864,  passim. 

ise  Autobiographical  Manuscript  and  Papers,  pp.  1203-1206. 
137  Autobiographical  Manuscript  and  Papers,  pp.  1206-1208. 

iss  Congressional  Globe,  1st  Session,  34th  Congress,  Appendix, 
pp.  378-395. 

iss  Autobiographical  Manuscript  and  Papers,  pp.  1242-1250. 

140  Clipping  in  the  Autobiographical  Manuscript  and  Papers, 
p.  1323. 

CHAPTER  X 

141  Congressional  Globe,  1st  Session,  34th  Congress,  pp.  2079, 
2098,  2129,  2130. 

142  Autobiographical  Manuscript  and  Papers,  p.  1506. 

143  Autobiographical  Manuscript  and  Papers,  p.  1550. 

144  Congressional  Globe,  3rd  Session,  34th  Congress,  pp.  112- 
115. 

145  Congressional  Globe,  3rd  Session,  34th  Congress,  pp.  239, 
240. 

146  Congressional  Globe,  3rd  Session,  34th  Congress,  pp.  240- 
244. 


360  JAMES  HARLAN 

1*7  Congressional  Globe,  3rd  Session,  34th  Congress,  pp.  244- 
299,  passim.  A  more  detailed  account  of  this  contest  will  be 
found  in  Clark's  History  of  Senatorial  Elections  in  Iowa,  Ch. 
IV. 

148  Autobiographical  Manuscript  and  Papers,  pp.  1619,  1620. 

i-io  The  vote  stood:  James  Harlan  63,  W.  F.  Coolbaugh  35, 
and  Winslow  F.  Barker  1. —  Journal  of  the  Souse  of  Repre 
sentatives,  1856-1857,  pp.  360-362. 

iso  Autobiographical  Manuscript  and  Papers,  p.  1660;  and 
Congressional  Globe,  3rd  Session,  34th  Congress,  p.  499. 

CHAPTER  XI 

151  See    the    Autobiographical    Manuscript    and   Papers,    pp. 
1781-1922,   for  an   account   of  Harlan 's   activities   during   the 
summer  and  fall  of  1857,  together  with  letters  received  by  him 
during  this  period. 

152  Autobiographical  Manuscript  and  Papers,  p.  1924. 

isa  This  speech  may  be  found  in  the  Congressional  Globe,  1st 
Session,  35th  Congress,  pp.  381-386. 

154  New  York  Semi-Weekly  Tribune,  January  26,  1858. 

155  See  newspaper  clippings  in  the  Autobiographical  Manu 
script  and  Papers,  pp.  1943-1948. 

150  Letter  from  Alvin  Saunders  to  Harlan,  dated  February  7, 
1858. —  Autobiographical  Manuscript  and  Papers,  p.  2106. 

is?  Congressional  Globe,  1st  Session,  35th  Congress,  p.  541. 

158  Congressional  Globe,  1st  Session,  35th  Congress,  p.  623. 

159  Congressional  Globe,  1st  Session,  35th  Congress,  pp.  639, 
900,  1059,  1152,  1257,  1407,  1408,  1618. 

100  Congressional  Globe,  1st  Session,  35th  Congress,  pp.  1756- 
1758,  1772-1779;  Appendix,  p.  552. 

101  Congressional  Globe,  1st  Session,  35th  Congress,  pp.  1907, 
1914;  Appendix,  pp.  558,  559. 


NOTES  AND  REFERENCES  361 

162  For  Harlan  's  part  in  the  debate  on  the  credentials  of 
Henry  M.  Eice,  see  the  Congressional  Globe,  1st  Session,  35th 
Congress,  pp.  2075-2079,  2163,  2823.  An  investigation  was 
made  and  Mr.  Kice  was  freed  of  the  charges  made  against  him. 
Harlan  expressed  his  entire  satisfaction  at  the  result. 

CHAPTER  XII 

IBS  For  correspondence  and  comments  on  this  campaign  and 
Harlan 's  activities  during  the  summer  of  1858  see  the  Auto 
biographical  Manuscript  and  Papers,  pp.  2369-2440. 

is*  Autobiographical  Manuscript  and  Papers,  pp.  2441,  2442. 

IBS  Congressional  Globe,  2nd  Session,  35th  Congress,  pp.  239- 
241,  244. 

166  Congressional  Globe,  2nd  Session,  35th  Congress,  pp.  310, 
311.    See  also  pp.  315,  603. 

167  For  a  record  of  Harlan 's  participation  in  the  debate  on 
these  and  other  important  bills  see  the  Congressional  Eecord, 
2nd  Session,  35th  Congress,  pp.  719,  720,  724,  735,  741,  742,  788, 
789,  810,  826,  827,  1313,  1383,  1384,  1512,  1513,   1517,  1519, 
1580,  1582,  1627. 

io8  Congressional  Globe,  2nd  Session,  35th  Congress,  pp.  719, 
720. 

169  Clipping  in  the  Autobiographical  Manuscript  and  Papers, 
p.  2635. 

170  See  especially  letters  from  Grimes  to  Harlan  dated  Janu 
ary  13,  January  26,  February  15,  and  April  27,  1859. —  Auto 
biographical  Manuscript  and  Papers,  pp.  2554,  2569,  2634,  2743. 

171  Autobiographical  Manuscript  and  Papers,  p.  2634. 

CHAPTER  XIII 

172  Autobiographical  Manuscript  and  Papers,  pp.  2750-2753. 

i?3  For  a  copy  of  this  speech  see  pamphlet  in  the  Auto 
biographical  Manuscript  and  Papers,  pp.  2842-2855. 


362  JAMES  HARLAN 

174  See  newspaper  clippings  and  comments  by  Harlan  in  the 
Autobiographical  Manuscript  and  Papers,  pp.  2856-2858. 

175  Journal  of  the  House  of  Representatives,  1860,  pp.  79-81. 
For  a  detailed  account  of  this  election  see  Clark's  History  of 
Senatorial   Elections   in   Iowa,    Ch.    VI.      See    also    the    Auto 
biographical  Manuscript  and  Papers,  pp.  2874-3512,  passim,  for 
correspondence  relating  to  the  election. 

176  See  The  Tipton  Advertiser,  Vol.  VII,  No.  7,  February  16, 
1860,  and  succeeding  issues. 

CHAPTEE  XIV 

177  Congressional  Globe,  1st  Session,  36th  Congress,  p.  415. 

ITS  For  instance  see  Congressional  Globe,  1st  Session,  36th 
Congress,  pp.  214,  223,  758,  <834,  1217,  1366,  1523,  1860,  2166, 
2191. 

nt>  Congressional  Globe,  1st  Session,  36th  Congress,  p.  324; 
Appendix,  pp.  54-58. 

iso  Autobiographical  Manuscript  and  Papers,  pp.  3422-3430. 

181  Congressional  Globe,  1st  Session,  36th  Congress,  pp.  990, 
991,  1129. 

182  Congressional  Globe,  1st  Session,  36th  Congress,  pp.  1376- 
1378,  1407-1409. 

iss  Congressional  Globe,  1st  Session,  36th  Congress,  pp.  1678- 
1684,  1686.  Neither  the  Harlan  amendment  nor  the  bill  itself 
were  passed  at  this  time. 

is*  Congressional  Globe,  1st  Session,  36th  Congress,  pp.  1512, 
1773,  1774,  1796,  1992-2003,  2032,  2035. 

isn  Congressional  Globe,  1st  Session,  36th  Congress,  pp.  3271, 
3272. 

iso  See  Johnston's  History  of  American  Politics  (1892),  p. 
189,  footnote. 

CHAPTER  XV 

187  Autobiographical  Manuscript  and  Papers,  pp.  4155-4157. 


NOTES  AND  REFERENCES  363 

iss  Autobiographical  Manuscript  and  Papers,  p.  4223. 

189  Autobiographical  Manuscript  and  Papers,  p.  4193. 

loo  Autobiographical  Manuscript  and  Papers,  p.  4231. 

i9i  Autobiographical  Manuscript  and  Papers,  pp.  4258,  4259. 

i»2  Autobiographical  Manuscript  and  Papers,  p.  4260. 

193  Congressional  Globe,  2nd  Session,  36th  Congress,  pp.  3-5. 

194  Congressional  Globe,  2nd  Session,  36th  Congress,  p.  222. 

195  This  speech  may  be  found  in  the  Congressional  Globe,  2nd 
Session,  36th  Congress,  Appendix,  pp.  42-48. 

196  Washington  Press   (Iowa),  Vol.  V,  No.  34,  January  23, 
1861. 

197  For  instance   see   the  Autobiographical  Manuscript   and 
Papers,  pp.  4399-4459,  passim. 

198  Letter  dated  January  13,  1861. —  Autobiographical  Manu 
script  and  Papers,  p.  4403. 

199  Letter  dated  January  14,  1861. —  Autobiographical  Manu 
script  and  Papers,  pp.  4405,  4406. 

200  Autobiographical  Manuscript  and  Papers,  pp.  4410-4413. 

201  For   an    account    of    this    convention    and   its    effect    see 
Rhodes 's  History  of  the  United  States,  Vol.  Ill,  pp.  290-308. 

202  Letter  dated  March   4,   1861.—  Autobiographical  Manu 
script  and  Papers,  pp.  4683,  4684. 

CHAPTER  XVI 

203  For  an  account  of  this  interview  and  a  detailed  descrip 
tion  of  Abraham  Lincoln  and  his  family  see  the  Autobiograph 
ical  Manuscript  and  Papers,  pp.  4671-4675.     It  is  to  be  noted 
that  the  choice  of  Simon  Cameron  was  not  a  fortunate  one.    As 
a  matter  of  fact,  during  the  first  year  of  the  war,  Chase  was 
called  upon  to  take  an  active  part  in  directing  military  affairs, 
especially   in   the  western   armies,   in   addition   to   his   regular 
duties.— See  Hart's  Salmon  P.  Chase,  pp.  211-214. 


364  JAMES  HARLAN 

204  Autobiographical  Manuscript  and  Papers,  p.  4753. 

205  Autobiographical  Manuscript  and  Papers,  pp.  4763,  4764. 

200  Letter    dated    April    1,    1861. —  Autobiographical    Manu 
script  and  Papers,  pp.  4765-4767. 

207  Letter   dated   April   29,    1861. —  Autobiographical  Manu 
script  and  Papers,  pp.  4769-4772. 

208  Congressional  Globe,  1st  Session,  37th  Congress,  p.  1. 

209  Scott's  The  Story  of  a  Cavalry  Eegiment:  The  Career  of 
the  Fourth  loiva  Veteran  Volunteers,  pp.  1-10. 

210  Autobiographical  Manuscript  and  Papers,  pp.  4902,  4903. 

CHAPTER  XVII 

211  Congressional  Globe,  2nd  Session,  37th  Congress,  pp.  26, 
1347 ;  Appendix,  p.  352. 

212  For  Harlan's  part  in  the  discussion  of  the  Pacific  Railroad 
Bill  see  Congressional  Globe,  2nd  Session,  37th  Congress,  pp. 
2217,  2654,  2679,  2749-2753,  2757-2759,  2760,  2762,  2781,  2783- 
2785,  2832-2834. 

213  Congressional  Globe,  2nd  Session,  37th  Congress,  pp.  2249, 
2276,  2328,  2329,  2628-2633. 

214  Congressional  Globe,  2nd  Session,  37th  Congress,  pp.  335, 
336. 

215  Congressional  Globe,  2nd  Session,  37th  Congress,  p.  470. 

216  Autobiographical  Manuscript  and  Papers.    After  reaching 
this  point  the  papers  in  this  collection  are  not  page-numbered, 
and  it  was  not  thought  desirable  to  attempt  any  pagination. 

217  Congressional    Globe,    2nd    Session,    37th    Congress,    Ap 
pendix,  pp.  315-323. 

218  Autobiographical  Manuscript  and  Papers. 

210  Congressional  Globe,  2nd  Session,  37th  Congress,  pp.  2036, 
2037. 


NOTES  AND  REFERENCES  365 

220  See  Rhodes 's  History  of  the  United  States,  Vol.  Ill,  pp. 
621-628.     For  a  clear  account  of  the  Battle  of  Shiloh,  vindi 
cating  Grant  from  the  charges  made  against  him  see  Rich's 
The  Battle  of  Shiloh,  published  by  The  State  Historical  Society 
of  Iowa. 

221  Congressional  Globe,  2nd  Session,  37th  Congress,  pp.  1357- 
1359. 

222  Congressional  Globe,  2nd  Session,  37th  Congress,  p.  320. 

223  Congressional  Globe,  2nd  Session,  37th  Congress,  p.  142. 
See  also  pp.  160,  176,  178,  199. 

224  Congressional  Globe,  2nd  Session,  37th  Congress,  p.  375. 

225  Congressional  Globe,  2nd  Session,  37th  Congress,  pp.  1913, 
1979,  2160. 

CHAPTER  XVIII 

226  Autobiographical  Manuscript  and  Papers. 

227  Autobiographical  Manuscript  and  Papers.    An  account  of 
Miller's  appointment  may  also  be  found  in  Gregory's  Samuel 
Freeman  Miller,  pp.   10-14.     In  a  letter  here  printed,  which 
Justice  Miller  wrote  in   1888   to   Mrs.   James  W.   Grimes,  he 
stated  that  it  was  Senator  Grimes  who  drew  up  and  circulated 
the  paper  of  recommendation  in  the  Senate. 

228  Congressional  Globe,  3rd  Session,  37th  Congress,  pp.  142, 
173. 

229  Congressional  Globe,  3rd  Session,  37th  Congress,  pp.  420- 
422,  425. 

230  Congressional  Globe,  3rd  Session,  37th  Congress,  pp.  469- 
472,  474-476. 

231  For  instance  see  Congressional  Globe,  3rd  Session,  37th 
Congress,  pp.  506,  507,  528,  1285-1287,  1360. 

232  Congressional  Globe,  3rd  Session,  37th  Congress,  p.  536. 

233  Congressional  Globe,  3rd  Session,  37th  Congress,  pp.  958- 
960,  1046,  1047,  1241-1244,  1246. 


366  JAMES  HARLAN 

234  Letter  from  L.  L.  Daniels  to  Harlan,  dated  January  5, 
1863. —  Autobiographical  Manuscript  and  Papers. 

235  Letter  from  Samuel  Storrs  Howe  to  Harlan,  dated  July 
22,  1862. —  Autobiographical  Manuscript  and  Papers. 

236  Letter  from  Harlan  to  Hawkins  Taylor,  dated  December 
24,  1862. —  Autobiographical  Manuscript  and  Papers. 

237  Congressional  Globe,  1st  Session,  38th  Congress,  pp.  241- 
245,  257. 

238  For  remarks  on  the  land  grant  for  Iowa  railroads  see  Con 
gressional  Globe,  1st   Session,  38th  Congress,  pp.   2325,  2326. 
The  index   will   furnish   references   to   the  various   other   land 
grant  bills  which  Harlan  helped  to  shape. 

239  Letter  from  William  B.  Allison  to  Alonzo  B.  F.  Hildreth, 
dated  May  5,  1864. —  Aldrich's  The  Life  and  Times  of  Alonzo 
B.  F.  Hildreth,  p.  380. 

240  Congressional  Globe,  1st  Session,  38th  Congress,  pp.  1437- 
1440. 

241  Congressional  Globe,  1st  Session,  38th  Congress,  p.  2240. 

242  Congressional  Globe,  1st  Session,  38th  Congress,  pp.  2355- 
2419,  passim. 

243  For  instance,  see  letters  from  Samuel  R.  Curtis  and  N.  P. 
Chipman    to    Harlan,    dated    May   3,    1864. —  Autobiographical 
Manuscript  and  Papers. 

244  Letter  from  Harlan  to  Clarke,  found  in  the  William  Penn 
Clarice  Correspondence   in   the    Historical   Department   at   Des 
Moines. 

24-r)  The  author  is  indebted  for  information  on  this  point  to 
Mr.  Robert  T.  Lincoln,  who  is  a  son-in-law  of  Senator  Harlan. 

240  Congressional  Globe,  2nd  Session,  38th  Congress,  pp.  91- 
93. 

247  Congressional  Globe,  2nd  Session,  38th  Congress,  pp.  365, 
469-472. 

248  Congressional  Globe,  2nd  Session,  38th  Congress,  p.  640. 


NOTES  AND  REFERENCES  367 

249  Congressional  Globe,  2nd  Session,  38th  Congress,  pp.  250, 
251,  254-256. 

250  Congressional  Globe,  2nd  Session,  38th  Congress,  pp.  1231- 
1235,  1300-1302,  1303-1309. 

251  Letter  from  Harlan  to  L.  D.  Ingersoll,  dated  March  13, 
1865. —  Autobiographical  Manuscript  and  Papers. 

CHAPTER  XIX 

252  See  the  New  York  Herald,  Friday,  March  10,  1865. 

253  Letter  from  Harlan  to  James  Wright,  dated  January  4. 
1865. —  Autobiographical  Manuscript  and  Papers. 

254  Newspaper  clippings  in  the  Autobiographical  Manuscript 
and  Papers. 

255  Letter  from  J.  Teesdale  to  Harlan,  dated  February  2, 
1865. —  Autobiographical  Manuscript  and  Papers. 

256  Letter  from  J.  H.  Powers  to  Harlan,  dated  February  21, 
1865, —  Autobiographical  Manuscript  and  Papers. 

257  Keply  of  Harlan  to  Powers,  dated  March  2,  1865. —  Auto 
biographical  Manuscript  and  Papers. 

258  See   letters   and  newspaper   clippings   for   the   month   of 
March,  1865,  in  the  Autobiographical  Manuscript  and  Papers. 

259  Letter  from  Harlan  to  James  F.  Wilson,  dated  March  24, 
1865. —  Autobiographical  Manuscript  and  Papers. 

260  Newspaper  clipping  in  the  Autobiographical  Manuscript 
and  Papers. 

261  Copy  of  the  minutes  of  the  meeting  in  the  Autobiograph 
ical  Manuscript  and  Papers. 

262  Letter  from  Samuel  E.  Curtis  to  Harlan,  dated  April  15, 
1865. —  Autobiographical  Manuscript  and  Papers. 

263  After  the  death  of  President  Lincoln,  Harlan  waived  his 
right  to  a  seat  in  the  Cabinet,  but  Andrew  Johnson  promptly 
confirmed  the  appointment. 


368  JAMES  HARLAN 

204  The  New  York  Herald,  Tuesday,  May  16,  1865. 

265  This  letter  was  dated  August  26,  1865.—  Newspaper  clip 
ping  in  the  Autobiographical  Manuscript  and  Papers. 

260  Burlington  Weekly  Hawk-Eye,  Saturday,  October  7,  1865. 

267  Eeport  of  the  Secretary  of  the  Interior,  1865,  pp.  i-xxvii. 

268  Newspaper  clippings  found  in  a  scrap-book  in  the  Auto 
biographical  Manuscript  and  Papers. 

269  The  New  York  Tribune,  Thursday,  January  25,  1866. 

270  gee   the   Washington   correspondence   in    The   New    York 
Herald,  Thursday,  June  7,  1865,  for  a  statement  of  the  diffi 
culties    confronting    Secretary    Harlan    when    he    assumed    the 
duties  of  the  Cabinet  position,  because  of  the  actions  of  his 
predecessor.    For  documents  in  connection  with  the  Pacific  Rail 
road    investigation    see    the    Eeport    of    the    Secretary    of    the 
Interior,  1865,  pp.  960-965. 

271  The  New  York  Herald,  Wednesday,  July  14,  1865. 

272  Binns's  Life  of  Walt  Whitman,  p.  213. 

273  For  instance:    "Whitman  made  formal  application,  and 
was,   in  February,  assigned  a   position   in   the   Indian   Bureau 
.     .     .     .     where  he  had  a  few  hours  of  work  each  day,  good 
pay,  and  could  still  continue  his  hospital  visits  in  his  leisure 
hours." — Carpenter's  Walt  Whitman  in  English  Men  of  Let 
ters,  pp.  106,  107.     Perry  in  his  Walt  Whitman,  p.  181,  says: 
"He  was  now  a  third-class  clerk,  drawing  $1,600  a  year." 

274  Whitman 's   letter   of   dismissal   reads   as    follows :    ' '  The 
services  of  Walter  Whitman,  of  New  York,  as  a  clerk  in  the 
Indian  Office,  will  be  dispensed  with  from  and  after  this  date. ' ' 

-Binns's  Life  of  Walt  Whitman,  p.  213. 

27r,  o  'Connor  embodied  his  charge  in  a  pamphlet  entitled 
"The  Good  Gray  Poet".— Sec  Bucke's  Walt  Whitman.  The 
charges  are  made  more  explicit  in  an  introductory  letter  by 
O  'Connor,  found  in  this  biography  of  Whitman. 

270  Whitman  was  subsequently  given  a  place  in  the  Attorney- 
General's  office.— See  Perry's  Walt  Whitman,  p.  165. 


NOTES  AND  REFERENCES  369 

During  the  years  which  followed  the  Whitman  incident, 
James  Harlan  remained  silent  under  the  censure  heaped  upon 
him  by  the  champions  of  Whitman.  But,  long  years  afterward, 
while  he  was  living  in  retirement  in  Mt.  Pleasant,  a  courteous 
letter  came  from  DeWitt  Miller  of  Philadelphia,  asking  him  to 
give  the  facts  relating  to  the  alleged  act  of  injustice  which 
every  fresh  biographer  of  Whitman  assumed  to  be  founded  on 
fact.  Breaking  the  silence  of  twenty-nine  years,  Harlan  re 
sponded  to  the  stranger's  request,  in  a  letter  of  which  the 
following  is  a  copy,  and  which  is  here  printed  for  the  first  time : 

"Mt.  Pleasant,  Iowa. 

July  18th,  1894. 
"MR.  DEWITT  MILLER, 
Union  League, 

Philadelphia,  Penn. 

"Dear  Sir:  I  am  in  receipt  of  your  letter  of  14th  inst.  re 
questing  me  to  give  you  the  reasons  for  the  removal  of  the 
late  Mr.  Walt  Whitman,  in  1865,  from  a  Clerkship  in  the  office 
of  the  Commissioner  of  Indian  Affairs,  of  the  Department  of 
the  Interior. 

"You  must  pardon  me  for  suggesting  that  it  has  been  usual 
for  the  Heads  of  Departments  of  the  National  Government  to 
assign  to  the  public  —  not  to  individuals  for  public  use  — 
their  reasons  for  such  official  action.  And  that  if  they  should 
so  far  forget  the  proprieties  as  to  do  so,  such  thoughtlessness 
would  in  many  cases  injure  the  reputation  of  the  persons  thus 
dropped  from  the  public  service,  without  being  beneficial  to  any 
one.  But  in  this  case  —  impelled  by  a  desire  to  gratify  your 
wishes,  I  think  I  may  so  far  depart  from  a  commendable  usage 
as  to  say  generally  that  when  I  entered  the  Department  of  the 
Interior  as  its  Chief,  I  found  on  its  pay  rolls  a  considerable 
number  of  useless  incumbents  who  were  seldom  at  their  respec 
tive  desks.  Some  of  them  were  simply  supernumerary,  and 
some  of  them  were  worthless. 

"Deeming  it  to  be  my  duty  to  administer  the  business  of  the 
Department  economically  as  well  as  efficiently,  I  endeavored, 
with  the  aid  of  the  Heads  of  Bureaus  to  weed  out  the  needless 
and  worthless  material. 

24 


370  JAMES  HARLAN 

"Under  this  order  Mr.  Walt  Whitman,  and  a  considerable 
number  of  others  were,  from  time  to  time,  removed,  as  the  same 
were  reported  to  me  by  their  respective  chiefs,  for  my  action 
in  the  premises. 

"It  would  not  be  possible  for  me  now,  after  the  lapse  of 
about  twenty-nine  years,  to  recall  in  detail  the  reasons  re 
ported  to  me  by  their  respective  heads  of  Bureaus,  for  their 
discontinuance  in  the  public  service,  even  if  it  were  desirable 
and  proper  to  recite  them,  after  many  of  them  like  Whitman 
have  passed  over  to  the  other  side.  It  is,  therefore,  deemed 
needful  only  to  say  in  relation  to  his  removal,  that  his  Chief  — 
Hon.  Wm.  P.  Dole,  Commissioner  of  Indian  Affairs,  who  was 
officially  answerable  to  me  for  the  work  in  his  Bureau,  recom 
mended  it,  on  the  ground  that  his  services  were  not  needed. 
And  no  other  reason  was  ever  assigned  by  my  authority. 

"You  are  kind  enough  to  tell  me  that  the  reasons  given  for 
his  dismissal  by  his  friends,  are  favorable  to  him  and  unfavor 
able  to  me. 

'  *  I  need  only  say  on  that  point,  that,  according  to  my  recol 
lection,  the  same  could  be  said  truthfully  of  every  one  so  re 
moved  by  me  during  my  incumbency  of  the  office  of  Secretary. 
The  least  worthy  usually  raised  the  greatest  clamor;  making  it 
clear  to  my  mind  that  any  one  who  would  be  seriously  dis 
turbed  by  such  querulousness  ought  not  to  accept  the  position 
of  Head  of  a  Department,  where  he  must  necessarily  perform 
such  unpleasant  duties. 

With  great  respect, 

Your  obedient  Servant, 

(Signed)  JAS.  HARLAN." 

The  author  is  indebted  to  Mr.  Leon  H.  Vincent  for  informa 
tion  concerning  this  letter  and  for  Mr.  Miller's  address,  and  to 
Mr.  DeWitt  Miller  for  permission  to  use  the  letter  itself. 

277  Welles 's  A   Diary  of  the  Reconstruction  Period  in   The 
Atlantic  Monthly,  1910. 

278  See  Rhodes 's  History  of  the  United  States,  Vol.  V,  pp. 
516-611;    and    Dunning 's   Reconstruction:    Political   and   Eco 
nomic  (American  Nation  Series),  pp.  35-84. 


NOTES  AND  REFERENCES  371 

279  Welles 's  A  Diary  of  the  Reconstruction  Period  in  The 
Atlantic  Monthly,  February,  1910,  pp.  170,  173-175. 

280  Dunning 's  Reconstruction :  Political  and  Economic,  p.  73. 

281  The  Iowa  State  Register,  Vol.  V,  No.  168,  August  1,  1866. 

282  For  an  interesting  comment,  see  The  Iowa  State  Register, 
Vol.  V,  No.  168,  August  1,  1866. 

CHAPTER  XX 

283  Letter  from  William  M.  Stone  to  Kirkwood,  dated  March 
30,  1865. —  Correspondence  of  Samuel  J.  Kirlcwood,  Historical 
Department,  Des  Moines.     In  a  letter  of  June  2nd  Stone  prac 
tically  confirmed  this  promise,  although  he  stated  that  he  would 
defer  action  until  after  the  meeting  of  the  Eepublican  State 
Convention. 

284  Letter  from  James  Harlan  to  Kirkwood,  dated  July  18, 
1865. —  Correspondence  of  Samuel  J.  Kirlcwood,  Historical  De 
partment,  Des  Moines. 

285  Letter  from  Jacob  Eich  to  Kirkwood,  dated  December  14, 
1865. —  Correspondence  of  Samuel  J.  Kirlcwood,  Historical  De 
partment,  Des  Moines. 

286  See  letters  from  James  W.  Grimes  to  Kirkwood,  dated 
January  2  and  7,  1866;  and  also  a  letter  from  Jacob  Rich  to 
Kirkwood,    dated    December     29,     1865. —  Correspondence    of 
Samuel  J.  Kirlcwood,  Historical  Department,  Des  Moines. 

287  gee  quotation  from  the  Muscatine  Daily  Journal  in  the 
Burlington  Weekly  Hawlc-Eye,  Saturday,  November  25,  1865. 

288  Quotation  from  the  Davenport  Gazette  in  the  Burlington 
Weekly  Hawlc-Eye,  Saturday,  November  25,  1865. 

289  Burlington   WeeTcly  Hawk-Eye,   Saturday,   November   25, 

1865. 

ft 

290/owa  City  Republican,  Vol.  XVII,  No.  894,  January  10, 
1866. 

291  Muscatine  Daily  Journal,  Vol.  XI,  No.  125,  January  3, 
1866. 


372  JAMES  HARLAN 

202  The  Weekly  Gate  City  (Keokuk),  Vol.  XX,  No.  21,  Janu 
ary  9,  1866. 

293  Burlington  Weekly  Hawk-Eye,  Saturday,  January  20,  1866. 

29*  See  the  Burlington  Weekly  Hawk-Eye,  Saturday,  January 
20,  1866;  and  a  letter  from  H.  A.  Wiltse  to  Kirkwood  dated 
January  13,  1866. —  Correspondence  of  Samuel  J.  Kirkwood, 
Historical  Department,  Des  Moines. 

295  lowa  City  Republican,  Vol.  XVII,  No.  895,  January  17, 
1866. 

296  Journal  of  the  House  of  Representatives,  1866,  pp.  64-66. 

297  Daily  Iowa  State  Register,  Vol.  IV,  No.  302,  January  12, 
1866. 

298  JOW;a  City  Republican,  Vol.  XVII,  No.  895,  January  17, 
1866. 

299  Elijah  Sells,  who  had  been  appointed   Indian  Agent  by 
Harlan,    was   practically    the    manager    of    the    Harlan    forces 
during  this  contest. 

soo  gee  letters  of  James  W.  Grimes  to  Kirkwood,  dated  Janu 
ary  2  and  7,  1866. —  Correspondence  of  Samuel  J.  Kirkwood, 
Historical  Department,  Des  Moines. 

301  Mr.  Charles  Aldrich,  the  late  Curator  of  the  Historical 
Department  of  Iowa,  once  related  to  the  writer  his  recollections 
of  this  senatorial  contest.     He  stated  that  the  break  in  the 
friendly  feelings  of  Kirkwood  toward  Harlan  was  occasioned 
not  alone  by  the  former's  disappointment  in  this  election,  but 
also  because  Elijah  Sells,  Harlan 's  most  active  supporter,  had 
earlier  incurred  the  War  Governor's  ill-will. 

CHAPTER  XXI 

302  Congressional  Globe,  1st  Session,  40th  Congress,  p.  10. 

303  Congressional  Globe,  1st  Session,  40th  Congress,  pp.  218- 
220,  223,  247. 

304  Congressional  Globe,  1st  Session,  40th  Congress,  pp.  42-44. 


NOTES  AND  REFERENCES  373 

SOB  Congressional  Globe,  1st  Session,  40th  Congress,  p.  344. 

soo  Congressional  Globe,  2nd  Session,  40th  Congress,  pp.  1072- 
1078. 

so?  Daily  State  Register,  Vol.  VII,  No.  82,  April  4,  1868. 

sos  Supplement    to    Congressional    Globe,    2nd    Session,    40th 
Congress,  pp.  435-438. 

309  Daily  State  Register,  Vol.  VII,  No.  126,  May  26,  1868. 

sio  Quoted  from  the  Chicago  Journal  in  the  Daily  State  Reg 
ister,  Vol.  VII,  No.  131,  May  31,  1868. 

CHAPTER  XXII 

311  Daily  State  Register,  Vol.  VII,  No.  193,  August  13,  1868. 

312  Quoted  from  The  Statesman  in  the  Daily  State  Register, 
Vol.  VII,  No.  215,  September  8,  1868. 

sis  Daily  State  Register,  Vol.  VII,  No.   215,   September   8, 
1868. 

si*  The  New  York  Herald,  September  25,  1868. 

315  Copy  of  the  Boynton  article  in  the  Congressional  Globe, 
3rd  Session,  40th  Congress,  p.  408. 

316  Congressional  Globe,  3rd  Session,  40th  Congress,  p.  409. 

SIT  Congressional  Globe,  3rd  Session,  40th  Congress,  pp.  409, 
410. 

sis  Congressional  Globe,  3rd  Session,  40th  Congress,  p.  411. 

319  Quoted  from  the  Davenport  Gazette  in  the  Daily  State 
Register,  Vol.  VIII,  No.  62,  March  12,  1869. 

320  Quoted  from  the  Davenport  Gazette  in  the  Daily  State 
Register,  Vol.  VIII,  No.  62,  March  12,  1869. 

321  Congressional  Globe,  1st  Session,  41st  Congress,  pp.  236, 
394. 

322  Weekly  Iowa  State  Register,  Vol.  XIV,  No.  46,  December 
29,  1869. 


374  JAMES  HARLAN 

323  An   outline   of   the   Boynton   charges,   together   with   the 
vigorous  defense  of  Harlan  by  the  correspondent,  who  signed 
himself  "Francois",  may  be  found  in  the  Weekly  Iowa  State, 
Register,  Vol.  XIV,  No.  46,  December  29,  1869. 

324  Letter  from  Harlan  to  William  B.  Allison,  dated  January 
5,  1870,  found  in  the  Archives  Department,  Des  Moines. 

CHAPTER  XXIII 

325  gee  Congressional  Globe,  3rd  Session,  41st  Congress. 

326  Congressional  Globe,  1st  Session,  42nd  Congress,  pp.  327, 
329;  Appendix,  pp.  62-67. 

327  Daily  Iowa  State  Register,  Vol.  X,  No.  73,  March  31,  1871. 

328  Daily  Iowa  State  Register,  Vol.  X,  No.  77,  April  5,  1871. 
"Roscoe  Conkling,  Zach  Chandler  and  others  waited  upon  Mr. 
Harlan  on  the  evening  of  the  28th  to  confer  with  him  as  to  the 
course  the  friends  of  General  Grant  in  the  senate  should  pursue. 
He  promptly  told  them  what  to  do.     Then  they  chose  him  to 
answer  Sumner  and  Schurz  and  close  the  debate  for  the  Grant 
side.     .     .     .     If  he  spoke  it  must  be  at  the  next  morning's 
session.     Like  Webster  in  his  reply  to  Hayne,  he  had  but  a 
single  night  to  sleep  upon  his  speech. ' ' —  From  a  sketch  of  the 
life   of  James   Harlan   by   Samuel   M.   Clark  in    The  Midland 
Monthly,  Vol.  I,  No.  3,  p.  241. 

329  Quoted  from  the  New  York  Times  in  the  Daily  Iowa  State 
Register,  Vol.  X,  No.  78,  April  6,  1871. 

330  gee    quotations    from    the    Washington    Chronicle    in    the 
Daily  Iowa  State  Register,  Vol.  X,  No.  77,  April  5,  1871. 

331  Sketch  of  the  life  of  James  Harlan  by  Samuel  M.  Clark  in 
The  Midland  Monthly,  Vol.  I,  No.  3,  p.  242. 

CHAPTER  XXIV 

332  See  letter  from  Harlan  to  Allison,  above  pp.  250,  251. 

333  For  a  discussion  of  this  contest  see  Clark 's  History   of 
Senatorial  Elections  in  Iowa,  Ch.  X. 


NOTES  AND  REFERENCES  375 

sa*  For  a  copy  of  this  letter  see  the  Burlington  Weekly 
Hawk-Eye,  July  6,  1871;  and  especially  the  Dubuque  Herald, 
June  22,  1871. 

335  Burlington  Weekly  Hawk-Eye,  July  6,  1871. 

336  Burlington  Weekly  Hawk-Eye,  July  6,  1871. 

337  For  the  attitude  of  newspapers  in  various  parts  of  the 
State  toward  the  Harlan  boom  see  quotations  from  other  papers 
in  the  Daily  Iowa  State  Register,  Vol.  X,  Nos.  202,  204,  208, 
and  212,  September  1,  5,  8,  and  13,  1871. 

338  <  t  Mr.  Harlan,  of  course,  will  do  all  he  can  to  gain  re 
election,  all  he  may  honorably,"  declared  an  influential  Allison 
editor,  "but  farther  and  lower  than  this,  no  one  believes  he 
will  go.     ...     So,  as  far  as  the  men  themselves  are  con 
cerned,  the  struggle  is  not  bitter  and  fierce,  but  fair  and  manly, 
and  on  this  line  we  are  confident  they  will  fight  it  to  the  end." 
—  Daily  Iowa  State  Eegister,  Vol.  X,  No.  187,  August  15,  1871. 

339  For  a  summary  of  these  charges  see  the  Daily  Iowa  State 
Eegister,  Vol.  X,  No.  307,  January  6,  1872. 

340  Daily  Iowa  State  Eegister,  Vol.  X,  No.  305,  January  4, 
1872.     The  statement  of  this  charge  varies  in  different  news 
papers,  a  fact  which  in  itself  indicates  its  unsound  basis. 

341  Burlington  Weekly  Hawk-Eye,  December  28,  1871. 

342  Burlington  Weekly  Hawk-Eye,  January  4,  1872.      Harlan 
made  a  final  reply  to  this  attack  just  before  the  meeting  of  the 
legislative  caucus. —  Burlington  Weekly  Hawk-Eye,  January  11, 
1872. 

343  Daily  Iowa  State  Eegister,  Vol.  X,  No.  298,  December  27, 
1871. 

344  Harlan 's  reply  may  be  found  in  the  Burlington  Weekly 
Hawk-Eye,  January  11,  1872.    Grinnell's  defense  was  printed  in 
the  Daily  Iowa  State  Eegister,  Vol.  X,  No.  300,  December  29, 
1871. 

345  Daily  Iowa  State  Eegister,  Vol.  X,  No.  307,  January  7, 
1872. 


376  JAMES  HARLAN 

340  Burlington  Weekly  Hawk-Eye,  January  11,  1872. 

347  The  vote  on  the  final  ballot  was  as  follows :   William  B. 
Allison,  63;   James  Harlan,  40;   James  F.  Wilson,  17. —  Daily 
Iowa  State  Register,  Vol.  X,  No.  310,  January  11,  1872. 

348  Journal  of  the  House  of  Representatives,  1872,  pp.  95,  96. 

349  Burlington  Weekly  Hawk-Eye,  January  18,  1872. 

3-r.o  The  author  is  indebted  to  Hon.  Washington  I.  Babb  for 
the  story  of  this  midnight  conversation. 

"I  have  not  given  the  Senator's  exact  words,"  he  writes, 
' '  but  I  have  given  the  substance  and  in  the  main,  the  form  of 
words  he  used. ' ' 

CHAPTER  XXV 

331  For  a  general  discussion  of  the  Credit  Mobilier  investiga 
tion  see  Rhodes 's  History  of  the  United  States,  Vol.  VII,  Ch. 
XL. 

352  For  Durant  's   testimony   before   the   Poland   and   Wilson 
committees  see  House  Reports,  3rd  Session,  42nd  Congress,  Re 
port  No.  77,  p.  178;  Report  No.  78,  pp.  93-109,  passim.     For 
Crane 's  testimony  see  Senate  Reports,  3rd  Session,  42nd  Con 
gress,  Report  No.  519,  pp.  99-109,  passim. 

353  House  Reports,  3rd  Session,  42nd  Congress,  Report  No.  77, 
p.  178. 

s .".4  House  Reports,  3rd  Session,  42nd  Congress,  Report  No.  78, 
p.  102.  ' '  I  had  some  county  bonds  which  I  had  had  for  some 
ten  or  fifteen  years,"  said  Mr.  Durant  in  further  explaining 
his  interest  in  Iowa  politics,  "and  they  were  repudiating  them; 
and  there  were  a  variety  of  other  matters  there  on  which  some 
of  the  candidates  for  the  legislature  had  been  opposing  us.  We 
had  even  gone  so  far  as  to  carry  the  matter  into  the  United 
States  courts,  and  had  the  commissioners  arrested  for  not  levy 
ing  taxes  to  pay  those  bonds." 

3'>3  Senate  Reports,  3rd  Session,  42nd  Congress,  Report  No. 
519,  pp.  2-14. 


NOTES  AND  REFERENCES  377 

356  Senate  Reports,  3rd  Session,  42nd  Congress,  Report  No. 
519,  pp.  v,  vi. 

357  See  the  sworn  statement  of  Elijah  Sells,  who  managed 
Harlan's  campaign  in  1865,  in  the  Burlington  Weekly  Hawk- 
Eye,  February  13,  1873. 

sss  The  Iowa  Daily  State  Register,  Vol.  XII,  No.  15,  January 
18,  1873. 

359  gee   the   Burlington    Weekly   Hawk-Eye,   January   30    to 
March  6,  1873. 

sec  Burlington  Weekly  Hawk-Eye,  March  6,  1873. 

CHAPTER  XXVI 

361  See  the  Burlington  Weekly  Hawk-Eye  for  the  last  four 
months  of  1875,  and  for  January,  1876.     For  a  discussion  of 
this  senatorial  contest  see  Clark's  History  of  Senatorial  Elec 
tions  in  Iowa,  Ch.  XL 

362  The  Iowa  Daily  State  Register,  Vol.  XV,  No.  26,  January 
8,  1876. 

ses  The  Iowa  Daily  State  Register,  Vol.  XV,  No.  30,  January 

13,  1876. 

364  The  Iowa  Daily  State  Register,  Vol.  XV,  No.  32,  January 
15,  1876. 

365  Burlington  Weekly  Hawk-Eye,  January  27,  1876. 

see  The  Iowa  Daily  State  Register,  Vol.  XV,  No.  31,  January 

14,  1876. 

367  The  author  is  indebted  to  Mr.  Washington  I.  Babb  for 
these  facts. 

ses  Burlington  Daily  Hawk-Eye,  August  14,  1881. 

369/ott'a  State  Register,  Vol.   XX,  No.  235,   September  30, 

1881. 

STO  Burlington  Daily  Gazette,  September  28,  1881. 

37i  See  Clark's  History  of  Liquor  Legislation  in  Iowa  in  The 


378  JAMES  HARLAN 

Iowa  Journal  of  History  and  Politics,  Vol.  VI,  No.  4,  for  a 
discussion  of  the  prohibitory  amendment  campaign. 

372  Copy  of  the  address  found  in  the  Autobiographical  Manu 
script  and  Papers. 

373  For  a  description  of  the  work  of  this  Court  and  for  the 
loan  of  a  number  of  volumes  of  records  and  reports  the  author 
is  indebted  to  Dr.  Andrew  S.  Draper,  late  Commissioner  of  Edu 
cation  of  the  State  of  New  York,  who  was  a  member  of  the 
Court.     See  Senate  Eeports,  1st  Session,  49th  Congress,  Report 
No.   567;    Eules  of  the  Court   of  Commissioners  of  Alabama 
Claims;  List  of  Claims  Before  the  Court  of  Commissioners  of 
Alabama  Claims;  and  Alphabetical  Index  to  Claimants  before 
the  Court  of  Commissioners  of  Alabama  Claims. 

374  Congressional  Eecord,  1st  Session,  47th  Congress,  House 
Bill  No.  4197 ;  and  United  States  Statutes  at  Large,  Vol.  XXII, 
p.  98. 

375  House  Eeports,  1st  Session,  49th  Congress,  Report  No.  945. 

370  Statement  made  by  Dr.  Draper  in  a  personal  letter  to  the 
author. 

377  From  a  sketch  of  the  life  of  Mrs.  Harlan  written  by  her 
husband,  found  in  the  Autobiographical  Manuscript  and  Papers. 

378  Ingersoll  's  Iowa  and  the  Eebellion,  p.  739.     For  a  more 
detailed  account  see  a  sketch  of  the  life  of  Mrs.  Harlan  written 
by  her  husband,  as  well  as  a  large  number  of  newspaper  clip 
pings,  found  in  the  Autobiographical  Manuscript  and  Papers; 
also  a  sketch  of  Mrs.  Harlan 's  services  at  the  front,  in  the 
Annals  of  Iowa  (Third  Series),  Vol.  II,  pp.  489-508. 

CHAPTER  XXVII 

370  See  Clark's  History  of  Liquor  Legislation  in  Iowa  in  The 
Iowa  Journal  of  History  and  Politics,  Vol.  VI,  No.  4,  pp.  529- 
594. 

380  Speech  of  James  Harlan  as  Temporary  Chairman  of  the 
Eepublican  State  Convention,  August  16,  1893,  reprinted  in 
pamphlet  form  from  The  Daily  State  Eegistcr,  August  17,  1893. 


NOTES  AND  REFERENCES  379 

ssi  The  Daily  State  Register,  August  17,  1893. 

382  iowa  Official  Register,  1894,  p.  100. 

CHAPTER  XXVIII 

383  The  original  members  of  the  Commission  were  Governor 
Horace  Boies,  James  Harlan,  Samuel  J.  Kirkwood,  George  G. 
Wright,  Edward  Johnstone,  and  D.  N.  Richardson. —  Laws  of 
Iowa,  1888,  p.  172. 

384  Third  Biennial  Report  of  the  Iowa  Soldiers  and  Sailors 
Monument  Commission,  pp.  8-17. 

385  The  Midland  Monthly,  Vol.  V,  No.  2,  pp.  99-113. 

386  gee  The  Burlington  HawTc-Eye   (Weekly),  July  4,  1895, 
for  editorials  and  quotations  from  other  newspapers. 

SST  The  Iowa  State  Register  (Weekly),  July  12,  1895. 
sss  The  Iowa  State  Register  (Weekly),  July  19,  1895. 

sss  Proceedings  of  the  Convention  in  The  Iowa  State  Register 
(Weekly),  August  20,  1897. 

390  Annals  of  Iowa  (Third  Series),  Vol.  IV,  pp.  87-90. 

ssi  The  author  is  indebted  for  information,  concerning  this 
visit,  to  Mrs.  Alice  L.  Taylor  of  Mt.  Pleasant,  an  intimate  ac 
quaintance  of  the  Harlan  family. 

392  Shambaugh  's  Messages   and  Proclamations   of  the   Gov 
ernors  of  Iowa,  Vol.  II,  pp.  454-456. 

393  For  an  extended  account  of  the  funeral  see  the  Daily  Iowa 
State  Capital,  Vol.  XVI,  No.  244,  October  9,  1899. 

394  Laws  of  Iowa,  1907,  p.  228.     Samuel  J.  Kirkwood  is  the 
other  lowan  whose  memory  is  thus  honored. 

CHAPTER  XXIX 

395  Manuscript  copy  of  address  in  the  Autobiographical  Man 
uscript  and  Papers.    Ten  years  later,  in  1895,  Mr.  Harlan  again 
addressed  the  old  settlers  at  Mt.  Pleasant,  and  he  responded  to 
similar  calls  at  various  points  in  southeastern  Iowa  from  time 
to  time. 


380  JAMES  HARLAN 

see  Manuscript  copy  of  address  in  the  Autobiographical  Man 
uscript  and  Papers. 

397  For  instance,  see  addresses  at  the  reunion  of  the  Four 
teenth  Iowa  Infantry  at  Mt.  Pleasant  on  October  21,  1897,  and 
before  the  Loyal  Legion  at  Des  Moines  on  February  12,  1899. 
—  Autobiographical  Manuscript  and  Papers. 

398  Manuscript  copy  of  address  in  the  Autobiographical  Man 
uscript  and  Papers. 

399  Harlan  's  address  at  De  Pauw  University  in  1892  was  on 
the   subject,  Aims  and  Advantages   of   Scholastic  Instruction. 
At  Iowa  Wesleyan  University  in  1895  he  spoke  on  the  Utility 
of  College  Training.     See  also  an  undated  address  before  an 
"Educational  Convention". —  Autobiographical  Manuscript  and 
Papers. 

400  Manuscript  copy  of  address  in  the  Autobiographical  Man 
uscript  and  Papers. 

401  This    speech    bears    the    title,    Speech    on    the    Financial 
Questions.    It  is  dated  1878,  but  the  place  or  places  of  delivery 
are  not  indicated. —  Autobiographical  Manuscript  and  Papers. 

402  Manuscript  copy  of  speech  in  the  Autobiographical  Man 
uscript  and  Papers.     This  speech  was  delivered  at  Burlington 
some  time  during  the  late  summer  or  early  fall,  and  probably 
at  other  points  in  southeastern  Iowa. 

403  Manuscript  copy  of  speech  in  the  Autobiographical  Man 
uscript  and  Papers.     See  also  a  speech  at  Council  Bluffs  on 
September  12,  1896. 

404  Manuscript  copy  of  address  in  the  Autobiographical  Man 
uscript  and  Papers. 

CHAPTER  XXX 

4or,  See  above  pp.  323,  324. 

406  Article  on  James  Harlan  by  Frank  Hattou. —  Clipping  in 
the  Autobiographical  Manuscript  and  Papers. 

4<>7  See  above  pp.  95-100. 


INDEX 


381 


INDEX 


Abolitionists,  principles  of,  80 

Acts,  legislative,  publication  of, 
51-53 

Addresses,  synopsis  of,  317-338 

Agency  City,  journey  to,  45 

Agricultural  College,  land  grant 
for,  118,  126 

Agricultural  colleges,  State,  bills 
for,  126,  165;  Harlan's  advo 
cacy  of  bill  for,  127,  169;  pas 
sage  of  bill  for  land  grant  for, 
169;  reference  to,  301 

Agriculture,  period  of  development 
of,  191;  improvement  of  meth 
ods  of,  322 

Agriculture,  Committee  on,  93 ; 
work  of  Harlan  in,  94 

Alabama  Claims,  Court  of,  work 
of  first,  293,  294;  Harlan  ap 
pointed  to  second,  293 ;  awards 
by,  294 

Aldrich,  Charles,  acknowledgment 
to,  xiii;  statement  of,  372 

Allegiance,  law  requiring  oath  of, 
186,  187 

Allison,  William  B.,  letter  from 
Harlan  to,  250;  defeat  of,  260; 
candidacy  of,  against  Harlan, 
262,  264;  election  of,  269; 
congratulation  of,  by  Harlan, 
270;  election  expenses  of,  281; 
letter  from,  366;  letter  to,  374; 
vote  for,  376 

Andrew   (Iowa),  Harlan  at,  47 

Anti-Kansas-Nebraska  Party,  80 ; 
victory  of,  81;  Harlan  nomi 
nated  by,  83,  84 

Appointments,   right  to  make,   231 

Appomattox,  battle  of,  338 

Armory,  national,  petition  for, 
175 

Arthur,  Chester  A.,  Cabinet  of, 
289,  290,  293 

Asbury  University,  life  of  Harlan 
at,  16-34,  259,  351;  influence 
of,  18,  19;  commencement  ad 
dresses  at,  325-328;  public 
speaking  at,  350  (see  also  De 
Pauw  University) 


Asia,     American     commerce    with, 

123 

Aurora   (Illinois),  speech  at,  332 
Autobiographical    Manuscript    and 

Papers,  description  of,    ix-xi 

Babb,  Max  W.,  acknowledgment 
to,  xii 

Babb,  W.  I.,  acknowledgment  to, 
xii;  advice  of  Harlan  to,  271- 
273;  story  told  by,  376,  377 

Bank,  National,  re-charter  of,  350 

Bankrupt  law,  discussion  of,  177, 
178 

Barker,  Winslow  F.,  vote  for,  360 

Bates,  Curtis,  352 

Bayard,  James  A.,    106 

Belknap,  William  W.,  candidacy 
of,  262,  285 

Bell,  John,    151 

Benjamin,  Judah  P.,  93,  106 

Benton,  Thomas  H.,  Jr.,  Harlan 
at  home  of,  47;  nomination  of, 
59;  campaign  of,  60;  character 
of  election  of,  161-163;  ar 
raignment  of,  by  Harlan,  70 ; 
reelection  of,  70;  vote  for,  88, 
355;  reference  to,  135 

Berry,  Lucien  W.,  90 

Bible,  Harlan's  dependence  on,  87 

Black  Hawk,  home  of,  350 

Blakeslee,  F.  D.,  314 

Bland-Allison  act,   335 

Bloomfield,  speech  by  Harlan  at, 
146,  147 

Bloomington    (Indiana),  26 

Boies,  Horace,  379 

Border  ruffians,  work  of,  96 

Bo  wen,  Jesse,  37;  political  career 
of,  351,  352 

Bowman,  George  B.,  352 

Boynton,  H.  V.,  libellous  allega 
tions  of,  against  Harlan,  238- 
242,  246-250,  251,  263,  265; 
outline  of  charges  of,  374 

Breckenridge,  John  C.,  151,  159 

Brigham,  Johnson,  vii;  author's 
preface  by,  ix-xiv 

Brotherhood  of  human  race,  321 

383 


384 


INDEX 


Browning,  Milton  D.,  action  of, 
85,  86 

Browning,  O.  H.,  sale  of  land  by, 
237;  reference  to,  242 

Bryan,  William  J.,  free  silver  doc 
trine  of,  332-336 

Buchanan,  James,  first  message 
of,  109 ;  debate  over  message 
of,  110,  111;  Harlan's  view  of 
policy  of,  113,  132,  137-139; 
bill  vetoed  by,  141,  142;  meet 
ing  of  objections  of,  by  Harlan, 
142,  143 

"Bullion,    Old".   47 

Burlington,  visitors  at,  in  1843, 
26,  28;  notoriety  of,  27;  plank 
road  to,  71;  reception  to  Har 
lan  at,  145;  village  of,  318 

Burlington  and  Missouri  River 
Railroad,  extension  of,  238;  in 
terest  of  Harlan  in,  240 

Burlington  Gazette,  rumor  report 
ed  in,  289 

Burlington  Hawk-Eye,  letter  in, 
48 ;  attitude  of,  toward  reelec 
tion  of  Harlan,  216,  217;  Har 
lan  defended  by,  281,  284; 
Harlan's  name  proposed  by, 
308 

Burton,  Mrs.,  21 

Butler,  Andrew  P.,  statement  of, 
104,  105 

Butler,   Jacob,   83 

Byington,  Le  Grand,  controversy 
between  Harlan  and,  69 

Cabinet,    selection    of,    by   Lincoln, 

157,  158,     159,     192;    lack    of 
harmony    in,    180;    members    of, 
199;  disruption  of,  under  John 
son,     210-212,     216;     terms     of 
service  of  members  of,   232 

Calhoun   County,   surveys   in,   74 
California,    appropriation    for    sur 
vey    of   lands    in,    117;    railroad 
to,    121,    125;    route   favored  by 
Senators  of,   125 
Calkin,  Asa,  suit  against,  55 
Cameron,    Simon,    appointment    of, 

158,  159;   incapacity  of,  363 
Camp,  pioneer,  description  of,  2,  3 
Camp  Harlan,  Iowa  troops  at,  164 
Campaign,    presidential,    of    1860, 

Hnrlan's    part    in,     146-148;  of 

1864,  Harlan's  part  in,   186;  of 
1868,  Harlan's  part  in,  235 

Campaign,    State,   hardships  of,  in 

1858,  120;   Harlan's  part  in,  in 

1859,  130-134;     Harlan's    part 
in,   in    1867,   223;   senatorial,   of 
1872,    Harlan    and    Allison    in, 


260-269;  sectional  argument  in, 
263,  267;  characterization  of, 
270 

Campaign  funds,  use  of,  by  Har 
lan,  275,  276,  278,  279,  280; 
acceptance  of,  by  politicians, 
281 

Campaigns,      political,      in      early 

Iowa,    44-49,    60 
Canal,  petition  for,   175 

Canvassers,  board  of,  count  by, 
61,  62 

Capital  and  Labor,  views  of  Har 
lan  relative  to,  328,  329 

Capitol,  national,  statue  of  Harlan 
in,  315 

Capitol,  Old,  erection  of,  37,  351, 
352 

Carleton,    James   P.,    352 

Carroll   County,   surveys   in,   72 

Cass,  Lewis,  93 ;  memorial  pre 
sented  by,  98 

Cavalry,  horses  for,  164 

Cedar  Falls,  mass  meeting  at,  in 
1860,  146 

Central  America,  plans  for  ac 
quisition  of,  132 

Chandler,  Zachary,  delight  of,  at 
speech  by  Harlan,  258;  refer 
ence  to,  374 

Charleston,  capture  of  Fort  Sum- 
ter  at,  160 

Chase,  Salmon  P.,  appointment  of, 
159;  work  of,  363 

Cherokee  Indians,  sale  of  lands 
of,  236,  237,  239-242,  264,  285 

Cheyenne  Indians,  massacre  of, 
189,  190 

Chicago,  stage  lines  to,  92;  plat 
form  made  at,  157 

Chickasaw  Indians,  sale  of  stocks 
of,  223 

Chipman,  N.  P.,  letter  of,  366 

Choctaw  Indians,  sale  of  stocks 
of,  223 

Cincinnati  Gazettr.  Harlan  libelled 
by,  238,  246,  263 

Circuit-riders,  coming  of,  to  fron 
tier,  8;  character  of,  9 

Civil  War,  beginning  of,  157, 
163;  Iowa  troops  in,  164,  173; 
arming  of  negroes  for,  170; 
dissatisfaction  with  prosecution 
of,  179,  180;  Mrs.  Harlan's 
services  during,  295,  296 ;  re 
unions  of  veterans  of,  325 

Claggett,  Thomas  W.,  votes  for,  87 

Claims,  Alabama,  courts  of,  293, 
294 

Claims,  Court  of,  establishment  of, 
140,  178 


INDEX 


385 


Clark,  Dan  E.,  acknowledgment 
to,  xiii 

Clark  County  (Illinois),  Lamotte 
prairie  in,  2;  visit  to,  12 

Clarke,  William  Penn,  letter  to, 
186 

Clarkson,  Coker  F.,  letter  from, 
155,  156 

Clarkson,  James  S.,  Harlan  de 
fended  by,  246 

Clay,  Henry,  Harlan's  description 
of,  22,  23 ;  Harlan's  support  of, 
33;  letter  of,  150;  speech  of, 
350 

Clingman,  Thomas  L.,  motion 
made  by,  149 

Clinton  (Missouri),  school  taught 
by  Harlan  at,  30-32 

Coinage,  gold  and  silver,  329, 
330;  Harlan's  views  on,  332- 
336 

Coleman,  John  M.,  home  of,  37; 
facts  about  life  of,  351,  352 

Collamer,  Jacob,  speech  of,   97 

College,  Harlan's  life  at,   16-34 

Colleges,  Harlan's  view  of  life  and 
education  in,  326;  work  of 
graduates  of,  327;  elective 
courses  in,  328 

Colorado,  admission  of,  223 

Columbia,  District  of,  public 
schools  of,  140,  141;  emancipa 
tion  of  slaves  in,  174;  criminal 
law  in,  174;  election  laws  of, 
184,  185;  oath  of  allegiance  in, 
186,  187;  affairs  in,  203;  Har 
lan's  services  to,  222,  234 

Columbian  Exposition,  Iowa  art 
at,  311 

Commerce,  American  interest  in, 
123 

"Compromiser,  Great",  supporter 
of,  33 

Confederate  Government,  155 ; 
treatment  of  Union  prisoners 
by,  187-189;  Indian  allies  of, 
223 ;  depredations  by  cruisers 
of,  294;  crushing  of,  301 

Congress,  school  lands  granted  by, 
56;  discussion  of  slavery  in,  95, 
96;  Kansas  question  in,  97, 
98,  99 ;  Lecompton  Constitution 
in,  109-114;  representation  of 
States  in,  115;  appropriations 
by,  117;  Pacific  Railroad  Bill 
in,  121-126;  bills  for  agricul 
tural  colleges  in,  126,  127; 
Homestead  Bill  in,  136,  141- 
144,  148;  power  of,  over  Terri 
tories,  137;  defenders  of  South 
in,  149;  extra  session  of,  in 


1861,  163;  war  measures  of, 
164,  165,  170,  181;  Grant's 
defenders  in,  174;  petitions  to, 
174,  175;  reconstruction  and 
impeachment  of  Johnson  in, 
223-234;  test  oath  for  members 
of,  227;  San  Domingo  question 
in,  252,  253-259;  power  of,  to 
declare  war,  254,  255;  law 
passed  by,  315;  estimate  of  ser 
vices  of  Harlan  in,  343-345 ; 
State  Constitution  approved  by, 

Congressional  Globe,  Harlan's  rec 
ord  in,  191 

Conkling,   Roscoe,   374 

Connecticut  Emigrant  Company, 
sale  of  land  to,  239 

Connelly,  Mary,  birth  of,  1 ;  mar 
riage  of,  2 ;  patience  of,  7 

Conscription  Act,  support  of,  by 
Harlan,  181;  amendment  to, 
189 

Conservation,   policy  of,   202 

Constitution,  State,  of  1846,  41; 
provision  of,  51,  53,  66,  354; 
of  1857,  adoption  of,  108;  pro 
hibitory  amendment  to,  290- 
293,  297,  330 

Constitution,  United  States,  pro 
posed  amendments  to,  155,  182, 
183;  place  of  Southern  States 
under,  224-230;  violation  of,  by 
Andrew  Johnson,  230-232 ;  war 
power  in,  254,  255;  makers  of, 
324 

Contract  theory,  opponent  of,  150, 
151 

Cook,  Ebenezer,  mention  of,  for 
Senate,  83,  84,  85 ;  votes  for, 
88 

Cook,  John  P.,  mention  of,  for 
Senate,  83 

Coolbaugh,  W.  F.,  vote  for,  360 

Cooley,  D.  N.,  appointment  of, 
207;  charge  against,  248 

Copperheads,  work  of  press  of, 
237;  attack  on  Harlan  by,  251; 
restraint  of,  300.  301 

Corcoran,  W.  W.,  dinner  given 
by,  100 

Corporations,  power  of,  324;  re 
straints  on,  325 

Corruption,  charges  of,  against 
Harlan,  220,  221,  236,  237, 
238-242,  246-250,  264-268, 
280,  281 

Council  Bluffs,  wagon  journey  to, 
91 

Counties,  school  system  in,  57; 
railroad  bonds  of,  376 


25 


386 


INDEX 


Crane,  Henry  C.,  276 

Credit  Mobilier,  Harlan's  connec 
tion  with,  275-282 

Crittenden,  John  J.,  93,  140 

Crnm,  William,  Harlan's  partner 
ship  with,  71;  reference  to,  180 

Currency,  national,  forms  of,  300; 
views  of  Harlan  relative  to, 
329,  330 

Curtis,  Samuel  R.,  letter  from, 
198,  366,  367;  senatorial  as 
pirations  of,  217 

Cutler,  Elisha,  refusal  of,  to  issue 
certificate  of  election,  54 ;  con 
duct  of,  61;  Harlan's  opinion 
of,  66 

Daniels,   L.  L.,  letter  from,  366 

Davenport,   Harlan  at,   47 

Dar-enport  Gazette,  Harlan  de 
fended  by,  216,  242,  243 

Davis,  Jefferson,  Harlan  defended 
by,  119;  proposed  trial  of,  211 

Davis,  Timothy,  83,  135 

Davis  County,  settlers  of,  146, 
147 

Dayton,  W.  L.,    103 

Dean,  Henry  Clay,  falsity  of  state 
ments  of,  128,  129 

Deficiency  Bill,  opposition  of  Har 
lan  to  phase  of,  116-118;  pas 
sage  of,  118 

Delaware  Indians,  sale  of  lands 
of,  248,  249,  264 

Democratic  Party,  supremacy  of, 
in  Iowa,  41,  42,  67,  80;  attacks 
of  press  of,  on  Harlan,  43  ;  tac 
tics  of,  51,  61,  62,  67,  84,  86, 
89;  nomination  by,  59;  dis 
graceful  victory  of,  62 ;  defeat 
of,  in  Iowa,  81,  89,  134,  135; 
attitude  of  wings  of,  toward 
Kansas  troubles,  110-112,  113, 
131  ;  indictment  of,  by  Harlan, 
131-134,  145,  153;  attitude  of, 
toward  slavery,  137-140;  feel 
ing  of  members  of,  in  Iowa, 
154;  treason  of  members  of,  in 
Iowa,  179;  Harlan  distrusted 
by,  273;  record  of,  300,  301; 
tariff  policy  of,  331;  free  silver 
doctrine  of,  332 

Democratic  State  Convention, 
nomination  by,  59 

Demoss,   John,   352 

Dennison,   William,   211 

DC  Pauw  University,  Harlan  at. 
16-34;  commencement  address 
at,  325-328;  public  speaking  nt, 
350  (See  Asbury  University) 

Des    Moines,    convention    at,    131; 


speeches  by  Harlan  at,  146, 
236;  Republican  State  Conven 
tion  at,  297;  monument  at, 
306,  307 

Dewey,  Laurin,  suggestions  of,  82 

Dewitt,  Harlan  at,  47 

Dillon,  John  F.,  petition  of,   175 

Diogenes,    133 

Diplomacy,  hostile  European,  300; 
record  of  American,  301 

Dishonesty,  charges  of,  by  enemies 
of  Harlan,  235-251 

Disunion,  opposition  of  Harlan  to, 
149-154;  attitude  of  Iowa  to 
ward,  155 

Doctors,  pioneer,  practice  of,  20 

Dodge,  Augustus  C.,  service  of,  in 
Senate,  81;  votes  for,  84,  85; 
withdrawal  of,  87;  successor  to, 
101;  defeat  of,  for  Senate,  135 

Dodge,  Grenville  M.,  262 

Dole,  William  P.,  resignation  of, 
207;  recommendation  by,  209; 
reference  to,  370 

Dominican  Republic,  treaties  be 
tween  United  States  and,  253 ; 
Grant's  intervention  in,  254 
(See  also  San  Domingo) 

Douglas,  Stephen  A.,  opposition  to 
measure  of,  80 ;  reference  to, 
93,  106;  policy  of,  110,  111, 
112,  132;  consistency  of,  115; 
Harlan's  picture  of,  133;  sup 
port  of,  151 ;  bill  of,  152 

Drake,  Francis  M.,  election  of,  308 

Draper,  Andrew  S.,  acknowledg: 
ment  to,  xiv,  378;  statement  of, 
294 

Drunkenness,  right  of  State  to 
control,  291 

Dubuque,   Harlan   at,   47 

Dubuque  and  Sioux  City  Railroad, 
234 

Dubuque  Herald,  Newman  letter 
in,  261 

Dubufjue  Times,  Harlan  opposed 
by,  217 

Durant,  Thomas  C.,  gift  to  Har 
lan  by,  275,  277;  statement  of, 
276;  influence  of,  on  Harlan, 
279 

East  Indies,  American  commerce 
with,  123 

Education,  early  champion  of,  in 
Iowa,  41,  43,  44-50,  343;  need 
of,  in  agriculture,  127;  advo 
cacy  of,  by  Harlan,  140,  141; 
views  of  Harlan  relative  to, 
325-328 

Edwards,  George  B.,  letter  to,  200 


INDEX 


387 


Efficiency,  326 

Elbert,  John  D.,  352 

Election  contests,  early,  in  Iowa, 
51-63 

Election  law,  publication  of,  354 

Elections,  effect  of  campaign  con 
tributions  on,  278,  279,  280 

Elective  studies,  system  of,  327; 
Harlan's  opposition  to,  328 

Emancipation,  speech  of  Harlan 
in  favor  of,  172 ;  proclamation 
of,  172;  reference  to,  301;  ad 
vocate  of,  344 

Emigrants,  foreign,  character  of, 
322,  323 

Emigration,  character  of,  to  West, 
1 

England,   troops  of,    171 

Engrossed  Bills,  Committee  on, 
136 

Equality,  doctrine  of,  321 

Evansville   (Indiana),  32 

Executive  Council,  power  given 
to,  315 

Fairfield,  speech  at,  320 

Farley,  Jesse  P.,  352 

Fessenden,  William  P.,  93,  105, 
344;  resignation  of,  192 

Fillmore,  Millard,  administration 
of,  83 

Fish,  Hamilton,  93 

Foreign  relations,  control  of,  153 

Foreign  Relations,  Committee  on, 
222 

Forensics,  attention  to,  in  western 
colleges,  33 

Forests,   conservation  of,   202 

Fort  Crawford  Reservation,  set 
tlers  on,  119 

Fort  Kearney,  167 

Fort  Sumter,  surrender  of,  163 

Fourth  Iowa  Cavalry,  creation  of, 
164 

Free  silver,  Harlan's  views  rela 
tive  to,  332-336 

Free-Soilers,  80 

Freedmen's  Bureau,  establishment 
of,  185 

Fremont,  John  C.,  103 

Fremont  County,  speech  of  Harlan 
in,  147,  148 

French,  attempt  of,  on  Mexico,  301 

French,  Anson,  appointment  of, 
293 

Fugitive  slave  law,  attitude  of 
Harlan  toward,  85,  86;  repeal 
of,  136 

Game,  wild,  abundance  of,  4 
Gardner,  Stephen  B.,  352 


General  Assembly,  acts  of,  51; 
election  of  Senator  by,  82,  83, 

85,  106,    134,    135,    264,    269; 
visit  of  Harlan  to  members  of, 

86,  87;    ballots   in,    87,    88;    ir 
regular  election  by,  89;  election 
of   members    to,    108;    memorial 
of,   to  Congress,   116;   nominees 
of,   218,   219;   act  of,   315 

Geneva  Tribunal,  award  by,  293 

Germans,  alarm  of,  over  naturali 
zation,  130,  131;  Harlan's 
speech  printed  for,  140 ;  oppo 
sition  of,  to  Harlan,  263 

Geyer,   Henry   S.,    106 

Glenwood,  Harlan  at,  148 

God,  belief  of  patriots  in,  321,  325 

Gold  coinage,  329,  330;  Harlan's 
views  on  subject  of,  335,  336 

Golden  Circle,  Knights  of,  179, 
301 

Governor,  salary  of,  41;  candi 
dates  for,  in  1895  and  1897, 
308,  309 

Graham,  William  A.,  73 

Grammar  School,  organization  of, 
31 

Grande  Prairie,  description  of,  26 

Grant,  James,  vote  for,  358 

Grant,  Ulysses  S.,  condemnation 
of,  173;  hostility  to,  174;  de 
fense  of,  by  Harlan,  252-259, 
374;  intervention  of,  in  San 
Domingo,  252,  253,  254,  257; 
nature  of  attacks  on,  255,  256; 
defender  of,  344 

Great  Britain,  award  against,  293, 
301 

Greeley,  Horace,  statement  of,  as 
to  Harlan,  99 

Greenback  movement,  Harlan's  at 
titude  toward,  329,  330 

Greencastle  (Indiana),  college  at, 
16;  social  life  at,  35;  Harlan's 
return  to,  90 

Grimes,  James  W.,  nomination 
and  election  of,  80,  81;  mention 
of,  for  Senate,  83 ;  candidacy 
of,  for  Senate,  109 ;  credentials 
of,  116;  friendship  between 
Harlan  and,  128,  129;  refer 
ence  to,  136,  161,  192;  Har 
lan's  reelection  opposed  by, 
215;  break  between  Harlan 
and,  221;  condemnation  of, 
233,  234;  letters  from,  361,  371 

Grimes,  Mrs.  James  W.,  letter  to, 
365 

Grinnell,  J.  B.,  petition  of,  175 ; 
Harlan  supported  by,  266;  de 
fense  of,  375 


388 


INDEX 


Guelich,    Theodore,    opposition    of, 

to  Harlan,   263 
Guthrie  County,  243,  244 

Habeas  Corpus,  writ  of,  178 

Hale,  John  P.,  93,  105;  speech 
of,  97 

Halleck,  Henry  W.,  296 

Hamilton,  Robert,   352 

Hamlin,   Hannibal,    159 

Hampton,  George  S.,  writ  obtained 
by,  55;  statement  of,  354 

Hannibal  (Missouri),  visit  to,  29; 
Harlan  at,  32 

Hard-cider  campaign,  description 
of,  13,  14 

Harlan,  Aaron,  death  of,  12 

Harlan,  Ann  Eliza  (see  Mrs. 
James  Harlan) 

Harlan,   Cyrus,  death  of,   12 

Harlan,  Edgar  R.,  acknowledg 
ment  to,  xiii 

Harlan,  James,  sources  for  biog 
raphy  of,  ix-xi ;  acquaintance  of 
author  with,  xi,  xii ;  ancestry 
of,  1,  5 ;  birth  of,  2 ;  boyhood 
and  youth  of,  7-15 ;  education 
of,  9,"  14,  16 ;  books  studied  by, 
10,  11,  12;  religious  life  of,  11, 

12,  23 ;    school    taught    by,    12, 

13,  15,  21,   30,   31,   36;  politics 
of,    13,    14;    college   life    of,    16- 
34;    homesickness    of,    18;    suc 
cess  of,   as  debater,    19.   20,   24, 
33;     journey    and    visit    of,    to 
Iowa,     25-29 ;     slavery     studied 
by,   29,   30,   80;   life  of,  in  Mis 
souri,    29-32:    political    speeches 
by,    32,    33,    34,    73;    college   ex 
penses  of,  34;  marriage  and  re 
moval    of,    to    Iowa,    34-40;    life 
of,    at   Iowa    City,    37:    election 
of,    as   principal   of   college,    39; 
candidacy  of.  for  State  Superin 
tendent,   41-50,    60;    attacks   on, 
in  press,   43,   353;   campaigning 
by,   44-49,   353 ;   election  of,   50, 
353;     election    contests    of,     51- 
63 ;    bond    filed   by,    55 ;    opposi 
tion    to,    56,    57;    report  of,    58, 
354;    Democratic    treatment    of, 
61,  62,  67;  defeat  of,  63;  study 
of   law   by,    64;    nomination    of, 
for    Governor,     65:    nomination 
declined  by,    66,    70;    admission 
of,   to  bar,    68,    70;    part  of.    in 
ptiblic      discussions,      69;      first 
brief   of,    71 ;    work   of,    ns    sur 
veyor,  72,  74,  357;  election  and 
plans    of,    as    president    of    col 
lege,   75-78,  357;  health  of,   78; 


attitude  of,  toward  slavery,  80; 
mention  of,  for  Senate,  81; 
nomination  of,  for  Senate,  83, 
84;  questions  put  to,  86;  dec 
laration  of,  87;  votes  for,  88; 
election  of,  to  Senate,  89 ;  cor 
respondence  of,  with  Republic 
ans,  91,  95;  oath  administered 
to,  93 ;  membership  of,  on  Sen 
ate  committees,  93  ;  work  of,  in 
Senate,  94,  98,  99;  speech  of, 
on  Kansas  bill,  95,  96,  97;  pe 
tition  of,  100;  praise  of  courage 
of,  100,  101;  contested  election 
of,  102-107;  return  of,  to  Iowa 
in  1856,  103;  supporters  of, 
105 ;  reelection  of,  to  Senate, 
106,  107,  135,  218,  219; 
speeches  of,  for  Lowe,  108 ; 
speech  of,  on  Lecompton  Consti 
tution,  110-114;  commendation 
of,  115,  155,  257,  259;  resolu 
tion  introduced  by,  115:  speech 
of,  on  Deficiency  Bill,  116-118; 
activity  of,  in  Senate,  116,  118, 
121,  126;  defense  of,  by  Davis, 
119:  part  of,  in  State  campaign 
of  1858,  120;  speeches  of,  on 
Pacific  Railroad  bill,  121-126, 
166-168,  185;  support  of  agri 
cultural  college  bill  by,  126, 
127,  169;  friendship  between 
Grimes  and,  128,  129;  speech 
of,  on  Democratic  Party,  131- 
134;  services  of,  in  Senate,  136, 
140;  speech  of,  on  slavery,  137- 
140;  Homestead  Bill  supported 
by,  141-144,  148,  166;  part  of, 
in  presidential  campaign  of 
1860,  145-149;  speech  of,  on 
secession,  150-154;  Lincoln's 
conferences  with,  157,  158,  159, 
185;  experience  of,  with  office- 
seekers,  160-162.  180,  181,  185; 
services  of,  in  1861,  164,  175; 
arming  of  negroes  favored  by, 
170,  171,  172;  Grant  con 
demned  by,  173,  174;  part  of, 
in  appointment  of  Miller,  176; 
services  of,  in  1862,  177,  178; 
dissatisfaction  of,  with  prosecu 
tion  of  war,  179,  180;  con 
scription  favored  by,  181;  rail 
road  measures  of,  181,  182; 
abolition  of  slavery  favored  by, 
182-184;  negro  suffrage  op 
posed  by,  184,  185;  part  of,  in 
campaign  of  1864,  186;  re 
quirement  of  oath  of  allegiance 
favored  by,  186,  187;  views  of, 
on  exchange  of  prisoners,  187- 


INDEX 


389 


189;  views  of,  on  Indian  pol 
icy,  189;  estimate  of  services 
by,  190,  191;  appointment  of, 
as  Secretary  of  Interior,  192, 
195 ;  hopes  of,  in  new  position, 
195,  196;  speech  of,  at  White 
House,  197;  intimate  friendship 
between  Lincoln  and,  197,  198; 
defense  of  reconstruction  policy 
by,  199-201;  policies  of,  as  Sec 
retary,  201,  202;  Indian  policy 
of,  203 ;  social  life  of,  at  Wash 
ington,  204,  205;  charges 
against,  as  Secretary,  206,  218, 
250,  264,  265,  266;  reforms  in 
stituted  by,  206,  207,  213,  235; 
dismissal  of  Whitman  by,  208- 
210,  368-370;  resignation  of, 
210-212;  reelection  of,  opposed 
by  Grimes,  215;  reelection  de 
sired  by,  215;  newspaper  opin 
ion  of,  216,  217;  charges  of 
corruption  against,  220,  221, 
235,  236,  238-242,  246-250, 
264-268;  return  of,  to  Senate, 
222,  223;  part  of,  in  debate  on 
Reconstruction,  224-228;  views 
of,  on  negro  suffrage,  228-230; 
impeachment  of  Johnson  fa 
vored  by,  230-234;  part  of,  in 
campaign  of  1868,  236;  sale  of 
land  by,  236,  237,  238-242; 
wealth  of,  242,  243,  244;  ser 
vice  of,  in  1869  and  1870,  245; 
defense  of  Grant  by,  252-259, 
374;  Newman's  letter  about, 
261,  262;  renewal  of  charges 
against,  264-268,  375;  defeat 
of,  269;  defeat  accepted  by, 
270;  advice  of,  to  Babb  on  pol 
itics,  271-273;  part  of,  in  Cred 
it  Mobilier,  275-282;  gift  of 
money  for  reelection  of,  in  1865, 
275,  276,  280,  281;  examina 
tion  of,  277;  vindication  of 
honor  of,  278,  279-282;  private 
life  of,  at  Mt.  Pleasant,  283, 
284;  opponents  and  defenders 
of,  in  election  of  1876,  285;  re 
quest  of,  not  to  be  voted  for, 
286;  journey  of,  to  West,  287; 
nomination  of,  for  State  Senate, 
288;  honor  declined  by,  289; 
prohibitory  amendment  support 
ed  by,  290-293 ;  appointment  of, 
to  Court  of  Claims,  293,  294; 
ability  of,  as  lawyer,  295 ; 
death  of  wife  of,  295 ;  speech 
of,  in  1893,  299-305;  speech  of, 
at  laying  of  corner-stone  of 
monument,  306,  307;  support 


of,  for  nomination  for  Governor, 
308,  309;  address  of,  at  laying 
of  corner-stone  of  Historical 
Building,  310,  311;  visit  of,  to 
Alvin  Saunders,  311;  illness 
and  death  of,  312;  Governor's 
proclamation  on  death  of,  313; 
funeral  services  for,  314;  statue 
of,  315;  grave  of,  316;  speeches 
and  addresses  of,  317-339,  340; 
speech  of,  to  old  settlers,  317- 
320;  Fourth  of  July  oration  by, 
320-325;  views  of,  on  educa 
tion,  325-328;  views  of,  on  Cap 
ital  and  Labor,  328,  329;  cur 
rency  question  discussed  by, 
329,  330;  speech  of,  on  temper 
ance  and  tariff  questions,  330- 
332;  free  silver  views  of,  332- 
336;  relations  of,  with  Lincoln, 
336-338;  character  and  services 
of,  339-345;  appearance  of, 
339;  ability  of,  340,  341; 
breadth  of  view  of,  340;  belief 
of,  in  common  people,  341,  342; 
private  life  of,  343 ;  estimate  of 
public  life  of,  343-345;  lesson 
in  career  of,  345 ;  votes  cast  for, 
355,  360,  376;  partner  of,  357; 
journey  of,  to  Washington,  358 ; 
difficulties  of,  as  Secretary  of 
Interior,  368 

Harlan,  Mrs.  James,  services  of, 
during  war,  178,  295,  296;  so 
cial  life  of,  204,  205;  property 
of,  243 ;  journey  of,  to  West, 
287;  death  of,  295;  sketch  of 
life  of,  378  (See  also  Ann  Eliza 
Peck) 

Harlan,  Jane,  education  of,  19 ; 
reference  to,  36 

Harlan,  Lydia,  education  of,  19; 
husband  of,  25 ;  reference  to, 
36 

Harlan,  Mary,  death  of,  12 

Harlan,  Mary  Eunice,  birth  of,  40 ; 
escort  of,  196;  marriage  of, 
238;  reference  to,  352 

Harlan,  Silas,  birth  of,  1;  mar 
riage  of,  2,  8 ;  pioneer  life  of, 
2-5 ;  title  given  to,  5 ;  preachers 
at  house  of,  8,  9;  illness  of,  20 

Harlan,  William  A.,  services  of, 
247,  248,  265;  illness  and  death 
of,  287,  288 

Hart,  Anson,  38,  352 

Hart,  Mrs.  Anson,   election  of,   39 

Hart,  Edward  K.,  352 

Hatton,  Frank,  Harlan  supported 
by,  284 

Hayti,  affairs  in,  257 


390 


INDEX 


Hempstead,  Stephen,  election  of, 
67 

Henderson,  Stephen  H.,  surveying 
party  under,  73 

Henderson,  William  H.,  opinion 
of,  69 

Henegar,  Miss,  31 

Henn,  Bernhart,  votes  for,  87,  358 

Henry  County,  politics  in,  48,  49; 
farm  owned  by  Harlan  in,  243, 
244;  nomination  of  Harlan  in, 
288,  289;  old  settlers'  meeting 
in,  317 

Hildreth,  Alonzo  B.  F.,  letter  to, 
366 

Historical  Building,  laying  of 
corner-stone  of,  310,  311 

History,  preservation  of,  in  Iowa, 
310,  311 

Home  League,  work  of,   179 

Homestead  Bill,  support  of,  by 
Harlan,  141-144;  objections  to, 
142,  143;  passage  of,  144,  165, 
301;  advocate  of,  201,  344 

Houston,  Samuel,  93 ;  Harlan  con 
gratulated  by,  97 

Howe,  Samuel  B.,  vote  for,  355 

Howe,  Samuel  Storrs,  letter  from, 
366 

Howell,  James  B.,  83 

Hubbard,  Asahel  W.,  senatorial 
aspirations  of,  217 

Huestis,  A.  J.,  letter  from,  48,  49 

Hungarians,  preemption  right  of, 
in  Iowa,  118 

Hunter,  Robert  M.  T.,  motion  of, 
102 ;  resolutions  of,  149 ;  op 
ponent  of,  150 

Illiteracy,  remarks  on,  127;  atti 
tude  of  Harlan  toward,  323,  324 

Immigration,  promotion  of,  to 
West,  141-143;  attitude  of  Har 
lan  toward,  322,  323 

Immorality,  national,  68 

Imports,  foreign,   331 

Independence  Day,  325 

Indian  Affairs,  Bureau  of,  ap 
pointment  of  head  of,  207; 
Whitman  dismissed  from,  208- 
210,  368-370;  defense  of  ac 
tions  of,  223 

Indian  Affairs,  Committee  on,  166, 
189,  245;  resolution  on,  246 

Indiana,  pioneer  life  in,  1-6;  cir 
cuit-riders  in,  8,  9;  Senator 
from,  126;  product  of  pioneer 
life  of,  345 

Indians,  policy  of  Harlan  relative 
to,  178,  189,  190,  191;  money 
spent  for,  266 


Ingersoll,  L.  D.,  request  of,  190; 
letter  to,  367 

Institutions,  American,  sources  of 
danger  to,  322-325 

Intemperance,  danger  of,  323 

Interior,  Secretary  of,  work  of 
Harlan  as,  192-212,  206,  207, 
208,  213,  216,  217,  221,  369, 
370;  resignation  of  Harlan  as, 
210-212,  220 

Internal  improvements,  political 
parties  and,  69;  reference  to, 
74,  350 

Iowa,  attitude  toward  slavery  in, 
80 ;  railroad  route  favored  by 
Senators  of,  125;  campaign  of 
1859  in,  130-135;  railroads  in, 
167;  growth  and  development 
of,  310,  319,  320;  art  and  his 
tory  in,  311;  prophecy  as  to 
future  of,  322;  services  of  Har 
lan  to,  343 

Iowa,  Territory  of,  journey  to,  in 
1843,  25,  26:  population  of,  27; 
Harlan's  recollections  of,  317- 
320 

Icwa  Capital  Reporter,  67;  file  of, 
353 

Iowa  City,  journey  to,  in  1846, 
37;  early  college  at,  38,  39; 
social  life  at,  40,  65 ;  news 
papers  at,  43,  67;  political 
meeting  at,  47;  school  director 
of,  55 ;  lynching  at,  65 ;  Bibles 
burned  at,  65 ;  oration  at,  68 ; 
railroad  controversy  at,  69 ; 
Harlan  home  in,  352 

Iowa  City  College,  principal  of, 
36,  40;  organization  of,  37,  38; 
departments  of,  39 ;  trustees  of, 
352;  building  of,  352 

Iowa  City  Republican,  editorials 
by  Harlan  in,  70;  Harlan  op 
posed  by,  217 

Iowa  Standard.  The,  Harlan  sup 
ported  by,  53,  54 

Iowa  State  Register,  Harlan 
praised  by,  233,  387;  Harlan 
defended  by,  237;  Harlan  op 
posed  by,  267,  268 ;  Harlan  de 
nounced  by,  280,  281;  refusal 
of  editor  of,  to  arraign  Harlan, 
285;  Harlan's  speech  commend 
ed  in,  304;  editorial  in,  309 

Iowa  Wesleyan  University,  early 
president  of,  75,  343  ;  new  pres 
ident  of,  312;  services  in  chapel 
of,  314;  gift  to,  314;  home  of 
presidents  of,  315;  reference  to, 
328;  Harlan  Club  of,  336; 
sketch  of,  357 


INDEX 


391 


Jackson  County,  early  election  in, 
62 

Jackson  Township  (Calhoun  Coun 
ty),  74 

Jennison,  Milton  M.,  352 

Jewett,  Leonard,   352 

Johnson,  Andrew,  desire  of,  rela 
tive  to  Harlan,  199 ;  reconstruc 
tion  policy  of,  199,  200,  201, 
210,  211;  reception  by,  204; 
Harlan's  break  with,  208,  220; 
disruption  of  Cabinet  of,  210- 
212,  217;  Harlan's  part  in  im 
peachment  of,  223,  230-234, 
340;  Harlan's  protest  against 
policy  of,  224,  225,  226;  tour 
of,  228;  order  of,  249;  Cabinet 
of,  367 

Johnson  County,  suit  in,  55 ;  Sons 
of  Temperance  in,  65 

Johnstone,  Edward,  85,  379 

Jones,  George  W.,  visit  of,  to  Har 
lan,  91;  Harlan's  credentials 
presented  by,  93 ;  motion  of, 
102,  103 ;  election  of  successor 
to,  108,  116;  view  of,  on  Le- 
compton  Constitution,  114;  con 
fusion  of,  117 

Judges,  politics  and,   59,   60 

Judiciary,  Committee  on,  102,  103, 
104;  resolution  referred  to,  115 

Kansas,  railroads  in,  167;  troops 
in,  170;  sale  of  land  in,  236, 
238,  239-242,  264;  free-soilers 
in,  344 

Kansas,  Territory  of,  slavery  in, 
79,  95,  110;  question  of  consti 
tution  for,  95,  96,  97,  109-114; 
admission  of,  98,  100,  103,  110; 
memorial  relative  to,  99 ;  out 
rages  in,  109 ;  Democratic  treat 
ment  of,  113,  131 

Kansas-Nebraska  bill,  results  of, 
79,  80;  principles  of,  111,  112 

Kansas  River,  railroad  to  mouth 
of,  167 

Kasson,  John  A.,  135;  senatorial 
aspirations  of,  217 

Keel-boats,  use  of,  28 

Keokuk,  visit  of  Harlan  to,  in 
1843,  28,  29 

Killpatrick,  Ephraim,  352 

King,  William  R.,  73 

Kirkwood,  Samuel  J.,  election  of, 
134;  candidacy  of,  for  Senate, 
213,  217,  262,  266,  285;  letter 
from  Harlan  to,  214;  charges 
against,  218;  election  of,  for 
short  term,  219;  break  between 
Harlan  and,  221,  268,  372; 


election  of,  to  Senate,  286;  let 
ter  to,  371;  statue  of,  379 

Knight,  Dr.,  351 

Knowledge,  importance  of,  327 

Knownothing  Party,  principles  of, 
130,  131 

Knoxville  (Illinois),  26 

Kopp,  W.  F.,  acknowledgment  to, 
xiii 

Labor  and  Capital,  views  of  Har 
lan  relative  to,  328,  329 

Lake  Michigan,  canal  to,  175 

Lamotte  prairie,  life  on,  2 ;  visit 
to,  12 

Land  offices,  Harlan  opposed  by, 
57 

Lane,  James  H.,  statement  of,  to 
Harlan,  99;  charge  made  by, 
169 

Larrabee,  Mrs.,  school  taught  by, 
35 

Laws,  publication  of,  51,  53 

Leadership,  preparation  for,  in 
college,  327 

"Leander"  (steamer),  travel  by, 
29 

"Leaves  of  Grass",  reading  of,  by 
Harlan,  209 

Lecompton  Constitution,  controver 
sy  over,  in  Senate,  109-114 

Lee,   Fernando  H.,   38 

Legislation,  national,  control  of, 
152 

Liberia,  negro  colony  of,  183 

License  system,  292 

Lincoln,  Abraham,  xi;  principles 
of,  149;  supporters  of,  151;  in 
auguration  of,  155,  159;  advice 
sought  by,  157,  185;  inaugural 
address  of,  159;  proclamations 
of,  163  ;  views  of,  on  arming  of 
negroes,  172 ;  emancipation 
proclamation  of,  172;  Grant  de 
fended  by,  173 ;  appointment  of 
Miller  by,  177;  charges  made 
against,  178;  appointment  of 
Harlan  by,  192,  195,  216; 
friendship  between  Harlan  and, 
196;  assassination  of,  197,  198; 
policy  of,  toward  South,  226; 
appointment  of  Governor  by, 
311;  Harlan's  recollections  of, 
336,  338;  description  of  family 
of,  363 

Lincoln,  Robert,  Miss  Harlan  es 
corted  by,  196;  marriage  of, 
238;  reference  to,  312;  ac 
knowledgment  to,  366 

Lincoln,  Mrs.  Robert  T.,  acknowl 
edgment  to,  xii;  presence  of,  at 


392 


INDEX 


father's     death,     312;     gift     of, 

314;  reference  to,  352 
Lincoln      Monument      Association, 

president  of,   198 
Liquor    question,     solution    of,     in 

Iowa,  297,  298;  Harlan's  views 

on,   299,  305,   331 
Liquors,     evils    due    to,     290-292; 

regulation    of    manufacture    and 

sale  of,  292 

Log  cabin,  erection  of,  3,  4 
"Louis   Oak"    (steamer),    28 
Lowe,  Ralph  P.,   108,   154 
Lucas,  Robert,   352 
"Lyceum",  Harlan  before,   11 
Lynch  law,  condemnation  of,  65 
Lynching,  case  of,  65 

McArthur,  A.  E.,  352 

McCrary,  George  W.,  candidacy  of, 
285 

McCullough,  Hugh,  selection  of, 
192 

McFarland,  Samuel,  suggestions  of, 
82;  letter  from,  86,  358 

McFarland  Post,  members  of,   295 

McGregor,  railroad  from,   182 

McKay,  William,  vote  for,   358 

McKibbin,  George  B.,  acknowledg 
ment  to,  xiii 

Mail  routes,  petitions  for,  in  Iowa, 
116.  136 

Majority,  power  of,  197;  govern 
ment  by,  321 

Manufactures,  increase  of,  301 

Manufactures,  Committee  on,  93 

Marion,  address  at,  90 

Marion  County,  early  election  in, 
62 

Mason,  Charles,  political  life  of, 
42;  Whig  rival  of,  43,  44;  sar 
castic  letter  by,  46;  supporters 
of.  48,  52,  54;  defeat  of,  50, 
353;  opinion  of  354 

Mason,  James  M.,  Harlan's  reply 
to,  126,  127 

Massachusetts,  Knownothingism  in, 
130 

Maury,   M.   F.,   work  of,   94 

Maximilian,  Prince,  211 

Medicine,  practice  of,  among  pio 
neers,  20 

Memorial  Day,  325 

Memory,  place  of,  in  education, 
327 

Methodist  Episcopal  Church,  cir 
cuit-riders  of,  8,  9;  college  of, 
at  Iowa  City,  38;  support  of 
Iowa  Conference  of,  78;  support 
of  Hnrlan  by,  129,  260262. 
268;  lobbying  by  preachers  of, 


220;  district  conference  of,  312, 
328 

Mexican  war,  beginning  of,  255 

Mexico,  acquisition  of,  132 ;  Max 
imilian  episode  in,  211,  301; 
silver  coinage  in,  336 

Military  road,  need  of,  to  Califor 
nia,  121,  122,  123 

Miller,  DeWitt,  letter  from  Harlan 
to,  369,  370 

Miller,  Samuel  F.,  appointment  of, 
176,  365;  career  of,  177 

Mines,  gold  and  silver,  301 

Mining,  Bureau  of,  202 

Minnesota,  Senator  from,  119; 
route  favored  by  Senators  of, 
125;  railroads  in,  167 

Minnesota,  Territory  of,  admission 
of,  116 

Mississippi  River,  rapids  in,  28; 
travel  on,  32;  canal  to,  175; 
bridge  across,  234;  Iowa  settle 
ments  along,  318 

Missouri,  winter  spent  by  Harlan 
in,  29-32;  border  ruffians  of, 
96;  route  favored  by  Senators 
of,  125;  railroads  in,  167;  post 
masters  in,  256 

Missouri  Compromise,  operation  of, 
79 ;  opposition  to,  85 ;  purpose 
of  repeal  of,  139 

Missouri  River,  railroad  from,  to 
San  Francisco,  121,  126,  167: 
ferry  over,  148;  railroad  to, 
182' 

Mob,  fear  of  violence  of,   147,   148 

Mobile  and  Ohio  Railroad,  bill  rel 
ative  to,  126 

Mobs,  violence  of,   27 

Monarchy,   durability  of,   21 

Money,  Harlan's  views  on  subject 
of,  333,  334 

Monmouth   (Illinois),  26 

Monroe  County  (Missouri),  winter 
spent  by  Harlan  in,  30 

Montrose,  visit  to,  in  1843,  28 

Monument,  Soldiers'  and  Sailors', 
unveiling  and  dedication  of, 
306,  307 

Mormons,    city   of,   28 

Morrill,  Justin  S.,  bill  of,   169 

Morrill,    Lot   M.,    277 

Mount,   Sermon  on,   303 

Mt.  Pleasant,  speech  by  Harlan 
at,  48,  49,  145;  plank  road  to. 
71;  visit  of  Jones  to,  91;  jour 
ney  to  Washington  from,  92 ; 
Ilarlan  home  at,  107,  108;  war 
troops  at,  164;  property  owned 
by  Harlan  at,  243.  244;  Har 
lan's  return  to  private  life  at, 


INDEX 


393 


274,  283,  343;  Forest  Home 
Cemetery  at,  295 ;  illness,  death 
and  funeral  of  Harlan  at,  312, 
313,  314;  grave  of  Harlan  at, 
316 

Mt.  Pleasant  Collegiate  Institute, 
principal  of,  48 ;  election  of 
Harlan  as  principal  of,  75,  76 ; 
reorganization  of,  77;  reference 
to,  79,  90 

Muscatine  Journal,  opinion  of,  216 

National  Bank,  re-charter  of,  74 

National  Union  Convention,  call 
for,  211 

Naturalization  laws,  desire  for 
change  of,  130,  131;  validity 
of,  301 

Nauvoo,  view  of,  28 

Naval  Observatory,  Government, 
work  of,  94 

Navy,   appropriation  for,    140 

Navy,  Secretary  of,  192 

Nebraska,  Territory  of,  slavery  in, 
79;  speech  by  Harlan  in,  148; 
Governor  of,  312;  free-soilers 
in,  344 

Nebraska  City,  speech  by  Harlan 
at,  148 

Negro  suffrage,  184;  defeat  of,  in 
Iowa,  199,  200;  Harlan's  views 
on  subject  of,  228 

Negroes,  power  of  endurance  of, 
138;  Democratic  view  of,  139; 
arming  of,  for  war,  170-172, 
344:  enlistment  of,  181 

"New  Discovery",  life  in,  5 ;  com 
ing  of  settlers  to,  8 ;  circuit- 
rider  in,  8 

New  England,  railroad  route  fa 
vored  by  Senators  from,  125 

New  York,  railroad  route  favored 
by  Senators  of,  125 

New  York  Times,  editorial  on  Har 
lan  in,  100 ;  Harlan  commended 
by,  258 

New  York  Tribune,  Harlan 
praised  by,  114 

Newbold,  Joshua  G.,  candidacy  of, 
288;  motion  made  by,  289 

Newman,  John  P.,  letter  written 
by,  261,  262 

Newspapers,  Harlan's  opinion  of 
correspondents  to,  242 

North  Carolina,  secession  of,  163 

Northern  Pacific  Railroad  Com 
pany,  resolution  relative  to,  246 

Northwestern  University,  78 

O'Connor,  W.  D.,  charge  of, 
against  Harlan,  209,  210,  368 


Office,  removals  from,  by  Johnson, 

232,  233 
Office-seekers,   Harlan's  experience 

with,    160-162;   pressure  of,   on 

Harlan,   180,    181 
Ohio,  troops  from,  173 
Ohio  River,  travel  on,  32 
Old     Point     Comfort     (Virginia), 

death  of  Mrs.  Harlan  at,  295 
Omaha    (Nebraska),   visit  of  Har 
lan  to,  311 

Ordinance  of  1787,  spirit  of,  9 
Oregon,    Territory    of,    homestead 

law  in,  143 
Osage  Indians,  sale  of  reservation 

of,  246 

Oskaloosa,  road  from,  45 
Otto,  Judge,  199 
Ottumwa  Courier,  report  in,  193 

Pacific  Railroad,  discussion  of,  in 
Congress,  121;  question  of  loca 
tion  of,  122-124;  selection  of 
route  for,  125,  126;  passage  of 
bill  for,  165,  166-168;  gauge  of, 
178;  amendment  to  bill  for, 
185;  Harlan's  part  in  passage 
of  bills  for,  191;  building  of, 
207,  223,  247,  248;  advocate  of, 
344;  investigation  of  affairs  of, 
368  (See  also  Union  Pacific 
Railroad) 

Pacific  Railroad,  Committee  on, 
222 

Paine,  Thomas,  works  of,  12 

Paper  money,  views  of  Harlan  rel 
ative  to,  329,  330 

Paris  (Missouri),  visit  to,  in  1843, 
29 

Park  County  (Indiana),  pioneer 
life  in,  2-6 ;  circuit-riders  in,  8, 
9;  public  library  of,  10;  mili 
tary  company  of,  21;  politics  in, 
24,  25,  33 

Park  County  Seminary,  life  at, 
14,  15 

Parties,   political,   spirit  of,   68 

Parvin,   John  A.,  352 

Patent  Office,  policy  toward,  203 

Patterson,  Peter  H.,  352 

Peace  Convention,  meeting  of,  155 

Peck,  Ann  Eliza,  courting  and 
marriage  of,  35,  36;  guardian 
of,  351  (See  also  Mrs.  James 
Harlan) 

Pennsylvania,  railroad  route  fa 
vored  by  Senators  of,  125 

Pensions,  advocate  of,  202;  mat 
ter  of  Indian,  265 

Pensions,  Committee  on,  136 

Peoria  (Illinois),  26 


394 


INDEX 


Perkins,  George  D.,  acknowledg 
ment  to,  xiv 

Philological  Society,  defeat  of,  20, 
21 

Physicians,  practice  of  early,  20 

Pierce,  Franklin,  candidacy  of, 
73;  reference  to.  131 

Pioneers,  western,  character  of,  1 ; 
life  of,  in  Indiana,  1-6,  8,  9; 
speech  to,  by  Harlan,  317-320; 
Harlan's  knowledge  of  life  of, 
339,  340 

Pittsburg  Landing,  report  of  bat 
tles  at,  173 ;  Iowa  troops  at, 
173;  work  of  Mrs.  Harlan  at, 
296 

Plank  road,   completion  of,    71 

Platonean  Literary  Society,  mem 
ber  of,  20,  24;  victory  of,  21; 
Harlan  at  celebration  of,  91 

Platte  River,  railroad  route  along, 
167,  168 

Plebeians,  right  of,  in  Rome,   112 

Poland  Committee,  investigation 
by,  275,  277 

Pole-raising,  scene  at,  147 

Politics,  description  of,  in  1840, 
13,  14;  State,  in  1859,  130- 
135;  lawyers  in,  271,  272;  ad 
vice  of  Harlan  relative  to,  271- 
273 

Poore,  Richard,  37 

Population,  increase  of,   322 

Post  Office,  Committee  on,  222 

Post  offices,  appropriation  bill  for, 
126 

Post  Roads,  Committee  on,  222 

Post  route,  establishment  of,   126 

Powell,  L.  W.,  charge  made  by, 
178 

Powers,  J.  H.,  statement  of,  194; 
letter  from,  367 

Prairie,  description  of,  26 

Prairie  chickens,   318 

Preemption,  right  of,  for  settlers 
in  Iowa,  118,  136;  legislation 
on  subject  of,  201 

President,  authority  conferred  on, 
121,  122,  123 

Presidential  election,  slogan  of,  in 
1856,  103 

Price,  Hiram,  candidacy  of,  285 

Printing,  Committee  on,  160,  165 

Prisoners  of  war,  exchange  of, 
187-189 

Prohibition,  attitude  of  Harlan  to 
ward,  290-293,  330,  331;  ques 
tion  of,  in  Iowa,  297,  302,  305 

Prohibitory  law,  enforcement  of,  in 
Iowa,  292,  298 ;  passage  of, 
297;  results  of,  302,  305 


Protection,   principle  of,    73,   331 

Public  buildings,  land  grant  for, 
118 

Public  lands,  sale  of,  74,  350;  bill 
relative  to,  95 ;  grant  of,  for 
agricultural  colleges,  127;  prob 
lem  of  disposal  of,  136,  141- 
144;  Harlan's  attitude  toward 
question  of,  201,  202;  disposal 
of,  by  Harlan,  238-242,  246 

Public  Lands,  Committee  on,  Har 
lan's  work  in,  115,  118,  141, 
160,  165,  166,  182 

Pugh,   George  E.,   105 

Railroads,  newspaper  controversy 
over,  69;  days  before,  71;  land 
grants  in  aid  of,  116,  181,  182, 
366;  question  of  State  aid  to, 
in  Iowa,  120;  government  aid 
to,  190;  Congressional  history 
of,  245,  246;  Harlan's  interest 
in,  in  Iowa,  276,  277;  building 
of,  301;  county  bonds  for,  376 

Reagan,   William  C.,   352 

Rebellion,   suppression   of,    164 

Rebels,  exchange  of  prisoners 
with,  188 

Reconstruction,  Lincoln's  speech 
on,  196,  197;  Johnson's  policy 
of,  199,  200,  210,  211,  225; 
Harlan's  views  on,  224-230; 
work  of,  301 

Reconstruction  Period,  Diary  of 
the,  210 

Regiments,  Iowa,  monument  to, 
306,  307 

Registration,   bill  for,    184 

Reister,  Adam,  352 

Religion,  freedom  of,  324 

Representatives,  House  of  (State), 
action  of,  58;  scene  in  hall  of, 
88,  89 

Representatives,  House  of  (United 
Stales),  Iowa  delegation  in, 
115,  116 

Republican  Congressional  Com 
mittee,  affairs  of,  186 

Republican  government,  durability 
of,  21;  principles  of,  278 

Republican  Party,  birth  of,  in 
Iowa,  80;  victory  of,  81,  89, 
135,  148,  305:  Harlan's  place 
in,  91,  103,  106;  opposition  to, 
in  1855,  92,  93;  first  platform 
of,  95;  attitude  of,  toward  Kan 
sas,  112;  campaign  of,  in  Iowa 
in  1859,  130-134;  policy  of,  to 
ward  Territories,  138;  clubs  of, 
145;  rewards  of  members  of, 
160,  161;  supremacy  of,  in 


INDEX 


395 


1861,  165;  opposition  to  Har- 
lan  in,  273;  landmark  in  his 
tory  of,  in  Iowa,  297,  305; 
causes  for  defeat  of,  in  1889 
and  1891,  298,  302;  Harlan's 
speech  to  convention  of,  299- 
305,  308;  policies  of,  300; 
birth  and  record  of,  300,  301; 
exhortation  to,  303,  304;  can 
didates  of,  in  1895  and  1897, 
308,  309 

Republican  State  Convention,  Har 
lan's  speech  at,  in  1859,  131- 
134;  Harlan's  speech  at,  in 
1893,  297-306;  nomination  by, 
in  1895  and  1897,  308,  309 

Revenue  tariff,  views  of  Harlan 
relative  to,  331 

Revolutionary  War,  negroes  in, 
170 

Rice,  Henry  M.,  charges  against, 
119;  credentials  of,  361 

Rich,  Jacob,  acknowledgment  to, 
xiv;  attitude  of,  toward  Har 
lan,  214,  215;  letter  of,  371 

Richardson,  D.  N.,  379 

Richmond  (Virginia),  337 

Riflemen,  Park  County,  member 
of,  21 

Rivers,  improvement  of,  116; 
transportation  by,  301 

Roads,    early,   nature  of,   44 

Rock  Island,  national  armory  at, 
175;  bridge  at,  234 

Rockville  (Indiana),  seminary  at, 
14;  Clay  Club  at,  32,  33 

"Rocky  Fork",  speech  by  Harlan 
at,  32 

Rome,  plebeians  at,  112;  Republic 
of,  132 

Roseville  (Indiana),  speech  by 
Harlan  at,  33 

Salem,  speech  by  Harlan  at,   146 
Salter,     William,     acknowledgment 

to,  xiii 

Samana  Bay,  lease  of,  252 
San     Domingo,      intervention     in, 

252,    253,    257;    Grant's    plans 

in  regard  to,  344 
San    Francisco,    railroad   to,    121; 

journey  of  Harlan  to,  287,  288 
Sargent,     George     B.,     application 

to,    72 
Saunders,    Alvin,    suggestions    of, 

82;     letter     from,      115,      360; 

statement  of,  154;  visit  of  Har 
lan  to,  311;  political  life  of, 

311,   312 
Savery  Hotel,  crowd  of  politicians 

at,   270 


School  Fund  Commissioners,  elec 
tion  of,  52 ;  troubles  of,  in 
1846,  55;  duty  of,  56;  instruc 
tions  to,  57 

School  funds,  management  of,  56; 
investment  of,  58;  reference  to, 
355 

School  lands,  selection  of,  56,  57; 
sale  of,  58 

School-master,  pioneer,  coming  of, 
9 

Schools,  public,  education  of  chil 
dren  in,  140,  141;  system  of, 
301,  343;  land  grant  used  for, 
354 

Schurz,  Carl,  attack  on  Grant  by, 
252,  253,  256;  Harlan's  reply 
to,  253-257,  258 

Scott,  Winfield,  candidacy  of,  73 

Secession,  advocates  of,  150;  pas 
sage  of  Ordinances  of,  154,  155, 
163 ;  attitude  of  Iowa  toward, 
155 ;  Lincoln's  policy  toward, 
157;  repeal  of  Ordinance  of, 
225 

Sells,  Elijah,  money  spent  by, 
266;  Harlan  aided  by,  372; 
sworn  statement  of,  377 

Senate  (State),  action  of,  in  1855, 
88,  89;  resolutions  of,  93,  102, 
105 ;  nomination  of  Harlan  for, 
288,  289 

Senate  (United  States),  Harlan  in, 
68,  93-101;  first  election  of 
Harlan  to,  78-89;  candidates 
for,  in  1854,  82,  83 ;  contested 
election  of  Harlan  in,  102-107; 
return  of  Harlan  to,  106,  107; 
controversy  over  Lecompton 
Constitution  in,  109-114;  activ 
ity  of  Harlan  in,  116,  118,  119; 
reelection  of  Harlan  to,  135, 
219,  220;  Harlan's  services  in, 
136-144,  165-175,  177;  Har 
lan's  attack  on  South  in,  149- 
154;  organization  of,  in  1861, 
159,  160;  arming  of  negroes 
debated  in,  172;  Miller's  ap 
pointment  confirmed  by,  177; 
debate  on  abolition  of  slavery 
in,  182-184;  resignation  of 
Harlan  from,  193;  candidates 
for,  to  succeed  Harlan,  213, 
217,  262;  reelection  to,  desired 
by  Harlan,  215,  216,  260;  de 
bate  on  reconstruction  in,  224- 
230;  power  of,  in  appointments, 
231,  233,  245;  defense  of 
Grant  in,  252-259;  Harlan- 
Allison  contest  for,  260-274; 
members  of,  311,  312;  estimate 


396 


INDEX 


of  Harlan's  services  in,  341, 
343-345 

Senatorial  elections,  control  of,  in 
Iowa,  250 

Settlers,  actual,  disposal  of  lands 
to,  142,  143 ;  Harlan's  speeches 
at  meetings  of  old,  317-320 

Seward,  William  H.,  doctrine  of, 
86:  reference  to,  93,  98,  99, 
105,  204,  344;  speech  of,  97 

Shambaugh,  Benj.  F.,  editor's  in 
troduction  by,  vii;  acknowledg 
ment  to,  xii,  xiii 

Shaw,  Leslie  M.,  nomination  of, 
309 ;  proclamation  of,  on  death 
of  Harlan,  313 

Sherman,  John,  Grant  defended 
by,  173,  174;  wish  of,  255 

Sherman,  William  T.,  story  of, 
258,  259 

Shiloh,  battle  of,  Grant  blamed 
after,  173,  174;  Mrs.  Harlan's 
work  at,  296;  account  of,  365 

Sidney,  speech  at,    147,    148 

Silver,  views  of  Harlan  on  free 
coinage  of,  332-336 

Simpson,  Matthew,  advice  of,  17; 
letter  of,  30;  offer  of,  33;  mar 
riage  ceremony  performed  by, 
36;  influence  of,  80;  eloquence 
of,  349 

Sioux  Indians,  massacre  by,   116 

Slavery,  study  of,  by  Harlan,  29, 
30;  attack  on,  68;  non-inter 
ference  with,  74 ;  encroachments 
of,  into  West,  79,  96 ;  attitude 
of  Harlan  toward,  80,  86,  90, 
100,  110,  114,  134,  152,  190; 
opponents  of,  81;  opposition  to, 
in  Iowa,  103,  114;  Democratic 
view  of,  113,  114,  131-133;  ex 
tension  of,  into  Territories,  137- 
140,  160;  petitions  for  aboli 
tion  of,  175;  Harlan's  speech 
on  abolition  of,  182-184,  344; 
evils  of,  183 

Slaves,  trade  in,  138;  powers  of 
endurance  of,  138;  arming  of, 
for  war,  170,  171,  172;  eman 
cipation  of,  172,  174,  301; 
question  of  title  in,  182,  183; 
status  of,  183;  advocate  of 
emancipation  of,  344 

Smith,   Mark,   defeat  of,   24 

Smith,  William,  labors  of,   8,   9 

Snow,  George  C.,  journey  of,  to 
West,  25-31;  return  of,  to  Indi 
ana,  32 ;  friendship  between 
Harlan  and,  36 

Snyder,  C.  M.,  acknowledgment 
to,  xiii 


Society,  nature  of,  in  America,  14, 
15 

Soldiers,  old,  bounty  lands  for, 
142;  medical  treatment  of,  178; 
care  of  sick  and  wounded,  295, 
296 

Soldiers'  and  Sailors'  Monument, 
speech  at  laying  of  corner-stone 
of,  306,  307 

South,  claim  of,  as  to  slaves,  114; 
threat  of,  139;  opposition  of,  to 
homestead  bill,  144;  defenders 
of,  in  Senate,  149;  Harlan's 
view  of  attitude  of,  150-154; 
secession  of,  154,  155;  war  be 
gun  by,  163  ;  treatment  of  pris 
oners  in,  187-189;  legality  of 
State  governments  in,  224;  re 
construction  in,  225,  301;  de 
fective  provisional  governments 
in,  226;  negro  suffrage  in,  228- 
230 

South  Carolina,  settlers  of,  1 ;  se 
cession  of,  154,  163 

Southern    Pacific   Railroad,    246 

Speech,   freedom  of,    148 

Speeches  and  addresses,   317-338 

Speed,   James,   211 

Spencer,   Roswell  H.,   352 

Spirit  Lake,  massacre  at,  116,  136 

Springer,    Francis,    83 

Springfield  (Illinois),  burial  of 
Lincoln  at,  198 

Stafford,  C.  L.,  314 

Stage-coach,  travel  by,  28,  29 

Stanton,  Edwin  M.,  war  measures 
of,  211;  removal  of,  230-232 

Starr,  Henry  W.,  83 

States,  bills  for  agricultural  col 
leges  in,  126,  127 

Statuary  Hall,  National,  statue  of 
Harlan  in,  315 

Steamboats,   river,   28 

Stewart,  I.  I.,   77 

Stewart,  William  M.,  charges  of, 
223 

Stone,  William  M.,  correspondence 
between  Kirkwood  and,  213, 
214;  senatorial  aspirations  of, 
217;  letter  of,  371 

Street,  Joseph  H.  D.,   85 

Sturgis,  Mr.,  sale  of  land  to,  236, 
237 

Suffrage,  negro,  ri^ht  of,  184; 
question  of,  in  1865,  199,  200 

Sugar,   duty  on,   116 

Sunnier,  Charles,  93,  98,  99,  197, 
344;  remarks  of,  to  Harlan,  96; 
attack  on  Grant  by,  252,  253, 
256;  Harlan's  reply  to,  253- 
257,  258 


INDEX 


397 


Superintendent  of  Public  Instruc 
tion,  candidacy  of  Harlan  for, 
41-50,  60-63;  opposition  to  first, 
51-58;  election  of,  70;  services 
of  Harlan  as,  340,  343,  354 

Supreme  Court  (State),  sham  ap 
peal  to,  56;  judgeships  in,  81; 
decision  of,  293,  297,  330 

Supreme  Court  (United  States), 
force  of  decisions  of,  86,  87; 
control  of,  152 ;  appointments 
to,  176,  177;  removal  of  judges 
of,  231,  232 

Surveyor  General,  deputy  of,  72 ; 
attack  on  course  of,  117 

Surveys,  public,  nature  of,  72,  73, 
74 

Talbot  v.  De  Forest,  Harlan's 
brief  in  case  of,  71 

Tariff,  73;  views  of  Harlan  on 
subject  of,  331 

Taxation,   national,   331 

Taylor,  Mrs.  Alice  L.,  acknowl 
edgment  to,  xiii,  379 

Teacher,  pioneer,  salary  of,  13 

"Tecumseh,   Old",   259 

Teesdale,  J.,  letter  of,  367 

Temperance,  cause  of,  in  Iowa, 
298,  330;  Harlan's  support  of 
cause  of,  299 

Temperance,  Sons  of,  for  Johnson 
County,  65 

Tenure  of  Office  Act,  violation  of, 
by  Johnson,  231,  232;  Harlan's 
attitude  toward  repeal  of,  245 

Territories,  slavery  in,  79,  81; 
power  of  Congress  over,  96,  97, 
110;  Democratic  treatment  of 
officers  of,  113,  114,  131,  133; 
extension  of  slavery  into,  137- 
140,  160;  advocate  of  rights  of, 
148,  190 

Terry,  Jeremiah,  friendship  be 
tween  Harlan  and,  11;  refer 
ence  to,  72 

Thomas,  Lorenzo,  appointment  of, 
232,  233 

Thompson,  James  L.,  search  of, 
for  principal,  36,  37;  reference 
to,  38,  44,  352 ;  nomination  and 
defeat  of,  67;  support  of,  by 
Harlan,  68;  sketch  of  life  of, 
351 

Tippecanoe,  battle-field  of,   13 

Tipton,   Harlan  at,   47 

Toombs,  Robert,  93 ;  report  of, 
105;  motion  made  by,  119 

Toucey,  Isaac,   106 

Towns,  early,  in  Iowa,  318 

Trade,  American  interest  in,  123 


Treasury,  Secretary  of,  appoint 
ment  of,  159 

Treaties,  Cherokee  Indian,  effect 
of,  241,  242 

Trumbull,  Lyman,  93,  105,  107, 
344 

Union,  threat  of  dissolution  of, 
139,  140;  secession  from,  154; 
nature  of  forces  of,  170-172; 
troops  of,  in  West,  174;  med 
ical  treatment  of  forces  of,  178 

Union  Hotel,  visitors  at,   26 

Union  Pacific  Railroad,  construc 
tion  of,  203,  234;  Harlan's 
connection  with,  276,  277,  278; 
attitude  of  Harlan  toward,  279 
(See  also  Pacific  Railroad) 

Union  Party,  convention  of,  in 
1866,  211;  platform  of,  299 

United  States,  annexation  of  San 
Domingo  to,  252 ;  Geneva 
award  to,  293 ;  causes  of 
growth  of,  320-322 ;  prophecy 
as  to  future  of,  322 

Universities,  land  grants  to,    169 

University  of  Iowa,  State  Board 
of  Trustees  of,  58;  Medical 
Laboratory  Building  of,  356 

Urbana   (Indiana),  26 

Usher,  John  P.,  resignation  of, 
192,  199;  administration  of, 
206,  207 

Utah,  war  in,  255 

Values,  theory  of,   329,  333 
Van    der   Zee,    Jacob,    acknowledg 
ment  to,  xiv 

Van  Hagan,   Isaac  P.,   352 
Veterans,  reunion  of,  325 
Veto  power,  President's,  74,  350 
Vincent,    James,    letter   from    Har 
lan  to,  228 

Vincent,  Leon  H.,  370 
Virginia,    illiteracy    of    people    of, 

127;  secession  of,   155 
Voltaire,  works  of,   12 

Wabash  River,  ferry  on,  25,  26 
Wade,  Benjamin  F.,  93,  344 
Waite,   J.    L.,    acknowledgment   to, 

xiv 
Walker,  Nellie  V.,  statue  made  by, 

315 

Walker,  R.  J.,   112 
Wapello,    visit    of    Harlan    to,    in 

1843,    28;    Indian    village    near 

site  of,   350 

War,  power  to  declare,  254,  255 
War,     Secretary    of,     appointment 

of,    158,    159,    232,    233;    diffi- 


398 


INDEX 


culty  between  Harlan  and,  207; 
removal  of,  230,  231 

War  of  1812,  veterans  of,   136 

Warren,  Fitz  Henry,  letter  to,  49; 
political  career  of,  82,  83 ;  op 
position  to,  84 ;  defeat  of,  85 ; 
reference  to,  135;  senatorial  as 
pirations  of,  217 

Warren  County  (Ohio),  early  set 
tlers  of,  1 

Washburne,  Elihu  B.,  Grant  de 
fended  by,  174 

Washington  (D.  C.),  Marian's  first 
winter  in,  90-101;  journey  to, 
92 ;  Republicans  in  danger  at, 
93 ;  right  of  suffrage  in,  184, 
185;  social  life  at,  in  1866, 
204,  205;  Harlan's  impressions 
of,  358 

Water,  transportation  by,  301 

Wealth,  danger  of,  in  America, 
324 

Weather  Bureau,  legislation  on 
subject  of,  94 

Webster  City,  meeting  at,   155 

Weed,   Bartholomew,  352 

Welles,  Gideon,  diary  of,  210 

Wells,  H.  G.,  appointment  of, 
293 ;  resignation  of,  294 

West,  emigrants  to,  1;  encroach 
ments  of  slavery  in,  79 ;  need 
of  settlers  in,  141-143 ;  legisla 
tive  measures  for  development 
of,  170:  friend  of,  222 

Whicher,   Stephen,  83 

Whig  Party,  campaign  of,  in 
1840,  13,  14;  Harlan's  con 
nection  with,  24,  25,  32,  43, 
65 ;  victory  of,  in  Iowa,  50,  52 ; 
press  of,  53;  blow  to,  66,  70; 
defeat  of,  in  1850,  67;  prin 
ciples  of,  73,  74;  end  of,  in 
Iowa,  80 


Whig  State  Convention,  Harlan 
nominated  at,  in  1850,  65 

Whigs,    anti-slavery,    80 

White  House,  Lincoln's  speech  at, 
196 

Whitcomb,  Mary  R.f  acknowledg 
ment  to,  xiii 

Whitman,  Walt.,  dismissal  of,  by 
Harlan,  208-210;  services  of, 
368;  letter  of  Harlan  relative  to 
dismissal  of,  369,  370 

"Wide  Awakes",  reception  given 
to  Harlan  by,  145 

Wild  cat  currency,  end  of,  300 

Williams,  Joseph,  352 

Wilson,  James  F.,  complaint  of, 
161,  162;  letter  from  Harlan 
to,  195;  reference  to,  250;  can 
didacy  of,  262,  263;  letter  to, 
367;  vote  for,  376 

Wilson  Committee,  investigation 
by,  275,  277 

Wiltse,  H.  A.,  letter  from,  372 

Wisconsin,  State  of,  preservation 
of  history  in,  311 

Wisconsin,  Territory  of,  capital  of, 
27 

Wolves,   abundance  of,   318 

Woman  Suffrage,  right  of,   184 

Women's  Relief  Corps,  members 
of,  295 

Woodward,  William  G.,  support 
of,  by  Harlan,  70 

Woolson,  John  S.,  comment  of, 
285;  candidacy  of,  288;  motion 
of,  289 

Wright,  George  G.,  83,  135,  379; 
election  of,  as  Senator,  260; 
renomination  declined  by,  284 

Wright,  James,  letter  from'  Harlan 
to,  192,  367 

Yellow  Springs,  village  of,  28 


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